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Preventive Detention || Indian Polity || Shubhra Ranjan

Preventive detention, the practice of incarcerating accused individuals before trial on the assumption that their release would not be in the best interest of society—specifically, that they would be likely to commit additional crimes if they were released. Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation. In some countries the practice has been attacked as a denial of certain fundamental rights of the accused. It is a matter of irony that the makers of our Constitution, who themselves were once victims of the tyranny of preventive detention laws, still chose to grant powers to governments under the Constitution to enact such laws. There need to be more safeguards available to the detainee. Those safeguards must not be just theoretical but should act as effective barriers against any misuse.