DefinePK

Abstract

Preventive detention laws in India are designed to guard public order and national security by discouraging individuals from taking actions that may pose a threat to society or the state. The laws that safeguard fundamental rights in Articles 21 and 22 of the Indian Constitution are often in conflict with these rights, which may be required. In this paper, we analyse the evolution of preventive detention laws in India, with a particular emphasis on their constitutional foundation, court interpretations, and rigorous international comparisons. The study suggests changes to preventive detention to enhance democracy and transparency through the study of key case laws and socio-political contexts