Article
For anyone closely observing the crime rates and law enforcement practices in India, the recent statistical data released by the National Crime Records Bureau (NCRB) offers some gripping insights. The data reveals an alarming increase of 23% in preventive detentions during 2021 compared to the previous year. Over 1.1 lakh individuals have been placed under preventive detention, a scenario that calls for a closer look into the whole process.
Understanding Preventive Detention
Preventive detention, governed by Article 22 of the Indian Constitution, provides protection to persons who are arrested or detained. It is a measure taken when there is a substantial suspicion about a person engaging in criminal activities or causing harm to society. Here, the police hold the authority to detain anyone they suspect could commit a crime. They can also make arrests without a warrant or a magistrate’s authorization in certain situations.
This is different from punitive detention, which is a form of actual punishment meted out for a committed crime. Punitive detention commences after the offense has been committed, or there was an attempted commission of the crime.
Insights from the National Crime Records Bureau Data
The information provided by the NCRB offers some eye-opening patterns. Over 24,500 individuals, who were placed under preventive detention, remained in custody or continued to be detained by the end of 2021. This is the highest figure since 2017 when NCRB began recording these data.
States like Tamil Nadu, followed by Telangana and Gujarat, have recorded the most number of preventive detentions among the states in 2021. Among Union Territories, Jammu and Kashmir tops the list.
The Role of Preventive Laws
Several acts are designed to aid preventive detentions, such as the National Security Act, the Goonda Act, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (1988), Public Safety Act, Narcotic Drug and Psychotropic Substance Act (1985) etc. The NCRB data reveals that detentions under the National Security Act have reduced considerably from 741 in 2020 to 483 in 2021.
Issues linked with Preventive Detention
There are a few potential issues tied to preventive detention. Laws like the Unlawful Activities (Prevention) Act, and Maharashtra Control of Organised Crime Act providing for preventive detentions have been reportedly misused.
Another issue revolves around the alleged manipulation by government officials. District magistrates and police often resort to preventive detentions as a measure to control law and order during communal clashes. This practice, though, might not always lead to public disorder.
In July 2022, the Supreme Court addressed this issue and stated that the powers provided to the State regarding prevention detentions should be used sparingly. The Court emphasized that these exceptional powers should not be misused to control ordinary law and order problems, considering they directly impact an individual’s liberty.
This closer scrutiny of preventive detention’s methodology and surrounding concerns offers a comprehensive understanding of why such a significant increase in 2021 is alarming. It unravels the need for cautious implementation of preventive laws, utmost discretion by the responsible officials, and stringent checks and balance systems to avoid misuse of power.
