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Saturday, April 25, 2020 | History

4 edition of Preventive detention laws of India found in the catalog.

Preventive detention laws of India

B. V. Kumar

Preventive detention laws of India

  • 185 Want to read
  • 12 Currently reading

Published by Konark Publishers in Delhi .
Written in English

    Places:
  • India.
    • Subjects:
    • Preventive detention -- India.

    • Edition Notes

      Includes index.

      StatementB.V. Kumar.
      Classifications
      LC ClassificationsKNS4654 .K86 1991
      The Physical Object
      Paginationxxxii, 1023, 238 p. ;
      Number of Pages1023
      ID Numbers
      Open LibraryOL1682076M
      ISBN 108122002358
      LC Control Number91903338
      OCLC/WorldCa25093462

        It also tries to examine the need for amendment of the preventive detention laws of Bangladesh. Overall, this research provides insight into how the structure of political institutions interacts with legal frameworks during emergencies to contribute to the formulation of preventive detention systems. Besides these, Constitution of India.


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Preventive detention laws of India by B. V. Kumar Download PDF EPUB FB2

Preventive detention laws of India book Salerno, preventive detention laws were adopted in a number of U.S. states. Get exclusive access to content from our First Edition with your subscription. Subscribe today. With the Salerno decision, the notion of preventive detention became available for the first time at a theoretical level.

At a practical level, however, little. COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist Preventive detention laws of India book staff as they consider how to handle coronavirus.

Preventive Detention The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22(2) s. Preventive detention laws in other countries.

Preventive detention is an imprisonment that is justified for non-punitive purposes. Australia authorizes the preventive detention laws. Canada detains anybody which is declared by court a dangerous offender for an indefinite period of : Diva Rai.

This chapter argues that preventive detention, that is, arrest and detention on suspicion and continued detention without trial is indeed the most draconian power a State could have in relation to the personal liberty of an individual.

When Article 19 is suspended, it could be inferred that preventive detention laws, in case of citizens, could stand the test of constitutionality only when a.

A timely reminder that foundations of India’s Preventive detention laws of India book laws were laid right Preventive detention laws of India book independence, to be exploited by successive regimes attack it. This chapter discusses preventive detention in India and argues that it has not been able to fulfil its underlying rationale of ensuring security and stability while also giving rise to a repeated pattern of abuse and suppression.

First, it traces the history of preventive detention laws in India, focusing on the Indian Constitution, British colonial laws, and post-Independence Constituent. India: Type: Legislation/Policy Description: Language: English: Country: India: Annotation: This book attempts to interpret India's preventive detention laws and to codify various Supreme Court pronouncements of the last 40 years on the law relating to preventive detention and how it has upheld the rule of law and protected personal liberty and.

Preventive detention laws of India book India. In India, preventive detention can be extended for up to six months. After three months, such a case is brought before an advisory board for review.

Preventive detention in India dates from British rule in the early s, and continued with such laws as the Defence of India Act and the Preventive Detention Act   Topic: Important aspects of governance, transparency and Preventive detention laws of India book.

4) Preventive detention laws in the country have come to be associated with frequent misuse. Preventive detention laws of India book issues arising out of preventive detention and the Supreme Court’s views on this issue.

Preventive Detention is that one blind spot in liberal democracies (wherever it is authorised) where the executive can still deprive a person of their personal liberty without prior judicial authorisation. It is for this reason that Preventive Detention law is a subject which continues to receive great international attention.

Currently the provision for preventive detention in India exists under the Code of Criminal Procedure, which draws its roots from laws in British India. [9] [10] The Jammu and Kashmir Public Safety Act of is only one of the acts in India that cater to prevention detention at a state level.

But there is a fair case to argue that even under this logic, the procedures of preventive detention laws in India practically sacrifice due process interests at the altar of crime control, and Author: Abhinav Sekhri.

The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights : Paperback.

tive Detention Laws of India makes an attempt to put in one place various preventive detention laws and the judgements of the Supreme Court of India. This is the bulkiest treatise on the preventive detention law of India.

It runs into one thousand two hundred and sixty one pages. The book is divided into two. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these by: 1.

The Preventive Detention Act of was amended seven times, each time for a period of three years, thus extending it up to 31st December It was not further extended; hence since then there has been no preventive detention law for the country as a whole. Some of the States, however, passed laws on preventive detention in The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties.

The authors explain why the reform of preventive detention laws has received scant attention from our law-makers or the civil society, by citing former Chief Justice of India P.B.

Gajendragadkar's warning in The tendency to treat (matters of preventive detention powers) in a somewhat casual and cavalier manner which may conceivably result. The book then sets up its second part, which examines seven different countries and their use of preventive detention, including the United Kingdom, Australia, Canada, India, Israel, France and the United States.

The book closes with a third section, which provides recommendations on managing preventive detention and the law. The existence of preventive detention in the Indian Constitution has been subject to intense criticism from several quarters, including the Supreme Court of India, which has categorically stated that prevention detention is repugnant to democratic ideas and an anathema to the rule of law, the use of which may therefore be justified only in Author: T Prashant Reddy, N Sai Vinod.

Whether the Preventive Detention Act, ultra vires Fundamental Rights under Constitution. Held It was held that the Preventive Detention Act, was intra vires the Constitution of India with the exception of section 14 which is illegal and ultra vires.

The validity of section 14 does not affect the rest of the provisions in the Act. National Security & Preventive detention be made so stringent that the culprit be bought to book and does not go scot-free just because of the loopholes and lacunaes in the ordinary law because when our neighboring nation Pakistan which is the cause of perpetrating terrorism in India and can have such stringent laws why can not we have such.

Get this from a library. Preventive Detention and the Democratic State. [Hallie Ludsin] -- This book tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world.

Same was the case with preventive detention laws. Thus the Constitution provided a fertile ground for imposing Emergency if the leaders of the. About Preventive Detention in India: Commentary on: COFEPOSA, ; National Security Act, ; Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, ; Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, ; State Detention Laws.

An Act to provide for preventive detention in certain cases and matters connected therewith. Be it enacted by Parliament as follows: 1. Short title, extent and duration.—This Act may be called the Preventive Detention Act, (2) It extends to the whole of India.

centric police states preventive detention laws gets more conventional status by getting clipped into the modern liberal democracies. In India preventive detention thrives under constitutional sanction. The authoritarian detention is the most contentious part of the scheme fundamental rights.

The newly carved Union Territory of Jammu and Kashmir will have more stringent detention laws as the state reorganisation bill has extended the National Security Act (NSA) to it along with the Jammu and Kashmir Public Safety Act while security forces will continue to enjoy immunity under the Armed Forces (Special Powers) Act (AFSPA).

Under the NSA, a person can be put under. Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse.

Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern Price: $   ‘Nightmare of Terror’: Preventive Detention laws and Kashmir of India answers it differently.

former Union Minister Farooq Abdullah has been detained under draconian preventive Author: Cheshta Rajora. The continued use of administrative detention laws in India to lock up persons without charge or trial violates the rights of both suspects and victim Amnesty maps preventive detention laws in.

Book Description. Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists.

It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal. State of Telangana, SCC OnLine SC held that preventive detention cannot be resorted to when sufficient remedies are available under the general laws of the land for any omission or commission under such laws and to classify the detenu as a notorious stone pelter it is not sufficient to invoke statutory powers of preventive detention.

This preventive detention has raised multiple Constitutional issues, in particular Fourth Amendment search and seizure and Fifth Amendment due process rights challenges, but the practice has been largely upheld in the interests of national security. Other. This has diluted the procedural and substantive protection for civil liberties of citizens and vulnerable minorities in India.

Full Article Subscribe to Emails Contact Vacancies Notices. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights.

The court said preventive detention laws like the Public Safety Act (PSA), one of the most frequently invoked detention laws by the authorities in Jammu and Kashmir, could not be a quick.

Several unconstitutional laws in India repress its citizens. A reading list from the EPW Archives. India’s Unforgivable Laws. Let us recall that TADA’s pathetic conviction rate of 1 per cent obscured its wide use as a preventive detention measure where more t persons were detained for years on end destroying lives, and.

View Preventive Detention Research Papers on for free. In the normal course of things preventive detention laws pdf have lapsed after India attained Independence; but the founding fathers of our Constitution decided to retain preventive detention to curb anti-national activities.

One of the first Acts of independent India was theFile Size: KB.The National Security Act of is an act download pdf the Indian Parliament promulgated on 23 September, whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith".

The act extends to the whole of Contains 18 sections. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any Enacted by: Parliament of India.

(C) Comment: Pakistan's government is ebook convenient use for its preventive detention laws in the wake of international pressure to do something following the Mumbai attacks.