DMPQ: What is Preventive detention? Do you think preventive detention is in sink with the democratic principles? (POLITY)

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The imprisonment of a person with the aim of preventing them from committing further offences or of maintaining public order.

The grounds for Preventive detention are:

* Security of state.

* Maintenance of public order.

* Maintenance of supplies and essential services and defence.

* Foreign affairs or security of India.

Preventive detention is not in sink with the democratic principles as:

  1. It is often misused by the executives. The grounds mentioned above are too subjective and that increases the chances of the law being misused.
  2. It is a colonial hangover that needs to be done away with.
  3. There are other laws available to deal with the grounds mentioned for invocation of preventive detention.
  4. It has become the tool to curb the dissenting voice without analysing the content of the dissent. This is not good for a vibrant democracy like India.
  5. This provision is against the fundamentals and ideology of Fundamental rights. It is against the art 14, 15, 21 and 22 of the constitution.
  6. Preventive detention cannot be a part of independent democratic and a republic country.

 

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