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Preventive Detention Act - PD Act - Preventive Detention Meaning

Preventive detention means to detain a person so that to prevent that person from commenting on any possible crime or in other words prevent...

Preventive Detention Act

Preventive detention means to detain a person so that to prevent that person from commenting on any possible crime or in other words preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state. Preventive Detention is the most contentious part of the scheme fundamental rights in the Indian constitutions Article 22(3) provides that if the person who has been arrested or detained under preventive detention laws then the protection against arrest and detention provided under article22 (1) and 22 (2) shall not be available to that person.

India became free in 1947 and the Constitution was adopted in 1950. It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity to the Preventive Detention Laws and that too in the Fundamental Rights chapter of the Constitution. Some parts of Article 22 are not Fundamental Rights but are Fundamental Dangers to the citizens of India for whom and allegedly by whom the Constitution was framed, to usher in a new society, with freedom of expression and freedom of association available to all. In 1950 itself, a Prevention Detention Act was piloted by Sardar Patel, who said that he had several '"sleepless nights'" before he could decide that it was necessary to introduce such a Bill The first Preventive Detention Act was enacted by the Parliament on 26th February 1950. And in 1950, under this Act, ordinary disturbers of order and peace were not arrested, but a political leader of A.K. Gopalan's eminence was arrested. Even from that initial action, it was evident that these Acts were meant to curb political dissent, and that legacy has been and is being followed.

Object of The Preventive Detention Act :

The object of Preventive Detention is not to Punish but to prevent the detenu from doing something which is prejudicial to the State. The satisfaction of the concerned authority is a subjective satisfaction in such a manner. It comes within any of the grounds specified like
  • Security of the State,
  • Public Order,
  • Foreign affairs,
  • Services essential to the community.

Safeguards Provided In Constitution:

To prevent reckless use of Preventive Detention, certain safeguards are provided in the constitution.
  • Firstly, a person may be taken to preventive custody only for 3 months at the first instance. If the period of detention is extended beyond 3 months, the case must be referred to an Advisory Board consisting of persons with qualifications for appointment as judges of High Courts. It is implicit, that the period of detention may be extended beyond 3 months, only on approval by the Advisory Board.
  • Secondly, the detainee is entitled to know the grounds of his detention. The state, however, may refuse to divulge the grounds of detention if it is in the public interest to do so. Needless to say, this power conferred on the state leaves scope for arbitrary action on the part of the authorities.
  • Thirdly, the detaining authorities must give the detainee earliest opportunities for making representation against the detention.
Briefing the Above Points through years, acts... Examples

In India, preventive detention is for a maximum period of three months, a limit which can be changed by the Parliament. According to Preventive Detention Act 1950, it can be extended beyond three months up to a total of twelve months, only on the favorable recommendation of an advisory board, made up of High Court judges or persons eligible to be appointed High Court judges.

Preventive detention in India dates from British rule in the early 1800s, and continued with such laws as the Defence of India Act, 1939 and the Preventive Detention Act 1950.

The controversial Maintenance of Internal Security Act was originally enacted by the Indian parliament early during Indira Gandhi's prime ministership in 1971. However it was amended several times during "The Emergency" (1975–1977), leading to human rights violations. It was subsequently repealed after Indira Gandhi lost the election in 1977, and the new government took over.

India's National Security Act of 1980 empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country. The act was passed in 1980 during the Indira Gandhi Government. The maximum period of detention is 12 months. The order can also be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but the detention should be reported to the State Government along with the grounds on which the order has been made. The National Security Act along with other laws allowing preventive detention have come under wide criticism for their alleged misuse. The act's constitutional validity even during peacetime has been described by some sections as an anachronism.

Note: This is an Information and Awareness of Preventive Detention Act... And If you want perfect details or information please consult attorney

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