Preventive Detention Laws
▪ Article 19 of the Indian Constitution guarantees fundamental freedoms such as freedom of
speech, expression, and action.
▪ Article 21 of the Indian Constitution protects life and personal liberty, which includes the right to dignity and a decent life.
▪ Articles 22(3)-(7) of the Indian Constitution specify certain exceptions under which a person can be placed under preventive detention without being proven guilty of a crime. These articles also detail the safeguards available to a person under preventive detention and empower Parliament to enact preventive detention laws.
▪ Article 22 provides protection against arbitrary arrest and detention in certain cases. It states that detained persons must be informed of the reasons for their detention and cannot be denied access to legal counsel. However, preventive detention laws are exempted from some of these safeguards.
▪ Article 22(4) states that a person cannot be detained under preventive detention for more than three months unless an advisory board consisting of judges of a High Court recommends that there are sufficient grounds for such detention.
Judicial Decisions:
▪ In 2025, Dhanya M. vs State of Kerala (under KAAPA, 2007), the Supreme Court of India
emphasized that the extraordinary powers of preventive detention must be exercised sparingly
and in strict accordance with constitutional safeguards.
▪ In S.K. Nazneen vs State of Telangana (2023), the Court held that preventive detention is not
justified if the case pertains only to a mere law and order issue.
