Question

Discuss the concept of preventive detention. What is it?

Why would your state practice this method and what are the benefits to this concept?

What are the possible effects should a state opt not to incorporate preventive detention?

Do you see any negative aspects to it and what types of offenders do you believe should fall under this concept?

Answer 1

Preventive detention means detaining a person, or taking him under police custody in view of a suspicision that the person is capable of doing a crime that may danger the:-

1. Security of the people and the state.
2. In order to maintain law and order in the state.
3. In order to maintain the supply of essential commodities at difficult situations.
4. In order to maintain foreign trade.

Some of the ways through which preventive detention can be opt out by a state are:-

1. Communicating with the person to be detained, issuing warnings.
2. Clearing the rules of the ground of detention, creating constitutional framework.
3. Creating a statutory authority, or a advisory council seeing the preventive detention cases.
4. Making provisions for compensation, if detention is illegal
5. Giving the detainy the Right to Representation.
6. Giving the detainy the Right to Liberty and Right to Life.

Some of the negative aspects of preventive detention are:-

1. Breach of the Rights of the citizens.
2. Harassment of the ordinary people.
3. Draconian nature, misused by police and other investigating agencies.
4. Bad image of the government agencies.
5. Distrust in the judicial system.

The people which falls under this category are:-

1. History Sheaters, Criminals with bad records.
2. Corrupt Politicians, who take advantage of any situation for their political moves.
3. Tax Evaders.
4. Rebel Groups.
5. Fringe Groups.
6. Religious Authorities in some context, religious leaders etc.