Year: 2025
Type: article
Abstract: This research paper provides a comprehensive analysis of preventive detention cases in Tamil Nadu, examining its legal framework, historical evolution, and contemporary implications. The study explores the constitutional provisions of preventive detention under Article 22 of the Indian Constitution and juxtaposes them with international human rights standards. Despite being a democratic nation, India continues to implement preventive detention laws that authorize detention without trial, raising concerns about personal liberty and human rights. The research highlights the historical emergence of preventive detention laws from the colonial era to post-independence legislations such as the National Security Act, 1980, and other related laws. Furthermore, statistical data from the National Crime Records Bureau (NCRB) is analyzed to understand demographic patterns of preventive detention in Tamil Nadu, revealing socio-economic disparities among detainees. The study also critically assesses judicial interventions, case laws, and the effectiveness of existing legal safeguards. The findings suggest that preventive detention laws are frequently misused, leading to the arbitrary deprivation of personal liberty. The paper argues for a more balanced approach that ensures national security while upholding human rights principles.
Author: Raja KR
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409394658