Preventive Detention and Human Rights

Putting restraint on the freedom of wrong doing of one person is really securing the liberty of the intended victims. In the globally terroristic era the theme of this book is based on the very sound relationship between love and hate attitude between law abider and law violator towards detention laws. India's commitment to human rights is reflected in the Constitution and the laws in its institutional mechanism of an independent judiciary free press and fair democratic elections. Courts as sentinel on the qui vive are striking a balance between the changing needs of the society for peaceful transformation with orders and protection of the rights of the citizen. P.U.C.L. v. Union of India AIR 2004 SC 456 is an instance. In view of the social/academic importance of the subject matter the present work was undertaken. The present book traces the history of detention laws in depth surveys the case law analyses the two major Acts on detention laws e.g. NSA and COFEPOSA and of course offers many sound suggestions to uphold human rights of all.

Preventive detention has been justified on the ground of grave situations. Terrorism has now acquired international dimensions. India has been facing terrorism since 1990s. The 9/ 11 US Trade Tower incident followed by the Bestal Hostage crisis in Russia, the Tube train destruction in UK, Delhi Serial blasts of October 29, 2005 are the few examples of such terrorist acts. The more difficult issue is to fix accountability for such terrorism. The UN Secretary General's High-level Panel Report on Global Threats released in Dec. 2004 has identified Al-Qaeda as the first instance of an armed non-state terrorist group. Therefore, the subject of human rights vis-a-vis terrorism needs to be re-examined dispassionately. Preventive detention legislation prima facie becomes important tool to counter such terrorist acts.

The work of Dr. Priti Saxena, 'Preventive Detention and Human Rights', therefore becomes significant in the present scenario where there seems to be an apparent conflict between human rights and preventive detention. She has discussed and explained the subject in its right perspective. The language is lucid and comprehensible. The relevant case law has been discussed and updated with critical comments. The author has also made valuable suggestions. It is hoped that this topical book will be useful for students, teachers, lawyers, administrators and human right activists.

- Professor K.C. Joshi
From the foreword

Foreword
Preface
Acknowledgements
Table of Statutes in Chronological Order
Abbreviations Used
1. Introductory
(i) Introduction
(ii) Historical Background of Preventive Detention
(iii) Pre-Constitution Developments
Protection against Arrest and Detention in Certain Cases
2. Preventive Detention under Constitutional Law
(i) Provisions under Part III of the Constitution
(ii) Provisions under Part XVIII of the Constitution
Suspension of Remedies
Defence of India Rules-Detentions
(iii) Provisions under Schedule VII of the Constitution
3. Preventive Detention and Judiciary
(i) Positive Judicial Approach-A Literal Interpretation of Individuals' Rights
(ii) Judicial Construction in Sociological Way-A Liberal Interpretation of Individuals' Rights
4. Preventive Detention-Safeguard or Violation of Human Rights-
A Jurisprudential Aspect of Balancing the Interests
5. Preventive Detention and Other Statutes
(i) The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
(ii) National Security Act, 1980
6. Concluding Remarks
Table of Cases
Bibliography
Index