Judicial Discourse of Preventive Detention Laws in India
DOI:
https://doi.org/10.53573/rhimrj.2025.v12n2.008Keywords:
Preventive Detention, Constitution, Judiciary, Jeopardy, Torture, Human Rights, LibertyAbstract
In order to protect public order or national security, an individual may be placed under preventive detention by the executive branch without being prosecuted or put on trial. Numerous individual rights and freedoms of an arrested person have been recognized by the Indian Constitution and other national criminal laws. The protection of the rights and liberties of those facing criminal prosecution has also been a priority for Indian courts, especially the Supreme Court. The Indian Constitution's Article 22 offers some protections with regard to arrests and detentions. It seeks to defend the freedoms and rights of those who are detained or arrested by the government. This paper deals with the issue of preventive detention in India and its interpretation by the Indian Judiciary. Simultaneously to give appropriate suggestions for curbing the problems of preventive detention in India.
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