Daily Current Affairs : 28-March-2024

The recent ruling by the Supreme Court of India has delivered huge clarity to the concept of preventive detention. This decision overturned a preceding ruling by the Telangana High Court and emphasized the importance of safeguarding individual rights against arbitrary detention.

What is Preventive Detention?

Preventive detention is a legal provision allowing the government to detain someone without trial or formal conviction. The primary goal is to prevent potential future crimes rather than to punish a person for past actions. Here are a few key points about preventive detention:

  • Purpose: It is designed to guard public safety and maintain social order.
  • Legal Basis: In India, preventive detention laws are enacted under Article 22 of the Constitution, which provides certain safeguards.
  • Time Limit: The initial duration of detention cannot exceed three months unless extended by an Advisory Board.

Supreme Court’s Clarification

The Supreme Court’s ruling stressed that preventive detention should not be used lightly or without careful consideration. The court noted several essential points:

  • Not a Punishment: Preventive detention is not intended as a punishment; it is a preventive measure.
  • Thorough Examination Required: Authorities must thoroughly examine the facts before making a decision on detention.
  • Clear Grounds for Detention: The reasons for detaining someone must be clearly stated to ensure transparency.

Safeguards in Preventive Detention

Preventive detention laws come with specific safeguards to protect individuals’ rights:

  • Right to Know: Detainees have the right to know the reasons for their detention.
  • Representation: They can make representations against their detention.
  • Legislative Authority: The Parliament has the power to enact such laws for reasons like national security or public order.

Existing Laws in India

In India, there are several laws that govern preventive detention:

  • National Security Act (NSA): Allows for detention up to 12 months without formal charges.
  • Unlawful Activities (Prevention) Act (UAPA): Also permits preventive detention for up to one year, subject to periodic review.

Important Points:

Recent Supreme Court Ruling: Clarified the concept of preventive detention and overturned a Telangana High Court decision.

Preventive Detention Definition: Legal provision allowing detention without trial to prevent future crimes, not to punish past actions.

Key Aspects of Preventive Detention:

  • Purpose: Protects public safety and maintains social order.
  • Legal Basis: Enacted under Article 22 of the Indian Constitution with safeguards.
  • Time Limit: Initial detention cannot exceed three months unless extended by an Advisory Board.

Supreme Court’s Emphasis:

  • Not a Punishment: Intended as a preventive measure.
  • Thorough Examination: Authorities must carefully consider facts before detention.
  • Transparency: Reasons for detention must be clearly stated.

Safeguards for Individuals:

  • Right to Know: Detainees can know the reasons for their detention.
  • Representation: Detainees can challenge their detention.
  • Legislative Authority: Parliament can enact laws for national security or public order.

Existing Preventive Detention Laws in India:

  • National Security Act (NSA): Allows detention for up to 12 months without formal charges.
  • Unlawful Activities (Prevention) Act (UAPA): Permits detention for up to one year, subject to review.

Why In News

The Supreme Court emphasized the need to prevent the arbitrary use of preventive detention powers, overturning a Telangana High Court decision, and underscoring the importance of protecting individual rights within the legal framework.

MCQs about The Recent Ruling on Preventive Detention

  1. What is the primary purpose of preventive detention?
    A. To punish individuals for past crimes
    B. To prevent potential future crimes
    C. To ensure long-term imprisonment
    D. To provide rehabilitation services
    Correct Answer: B. To prevent potential future crimes
    Explanation: Preventive detention is intended to avert future offenses rather than to punish individuals for actions they have already committed.
  2. According to the Supreme Court ruling, what must authorities do before deciding on preventive detention?
    A. Act quickly to ensure public safety
    B. Consult the media for public opinion
    C. Thoroughly examine the relevant facts
    D. Seek approval from local law enforcement
    Correct Answer: C. Thoroughly examine the relevant facts
    Explanation: The Supreme Court emphasized that authorities must carefully consider the facts before making a decision regarding preventive detention to prevent arbitrary use of this power.
  3. What does Article 22 of the Indian Constitution provide for individuals detained under preventive detention laws?
    A. Unlimited detention without charge
    B. The right to legal counsel only
    C. Safeguards such as the right to know the grounds of detention
    D. Automatic release after three months
    Correct Answer: C. Safeguards such as the right to know the grounds of detention
    Explanation: Article 22 includes important safeguards for individuals, including the right to know the reasons for their detention and the ability to challenge it.
  4. Which of the following laws in India allows for preventive detention up to 12 months without formal charges?
    A. The Indian Penal Code (IPC)
    B. The National Security Act (NSA)
    C. The Right to Information Act
    D. The Criminal Procedure Code (CrPC)
    Correct Answer: B. The National Security Act (NSA)
    Explanation: The NSA permits preventive detention for up to 12 months without formal charges, emphasizing the state’s interest in national security and public order.

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