A Comparative Study of Rights of Detainee: India and the USA
Keywords:
Preventive, USA, Articles 19 and 21, Constitution of India, 1950, portrayedAbstract
The concept of preventive detention was introduced into India during the colonial rule. It was used to prevent the spread of nationalist ideas which started budding in nineteenth century but all the time it was portrayed as a law which was implemented for the well-being and protection of the country. The basic idea behind preventive detention is to stop the occurrence of any
untoward incident which would hamper the safety and security of the country in any manner. Post-independence many laws were implemented in India furthering preventive detention. In the Constitution of India, 1950, under article 22 (3) the laws on preventive detention are validated. Preventive detention hits at the core of human rights and the fundamental rights guaranteed
under Articles 19 and 21 .This paper is an attempt to understand the concept of preventive detention with respect to fundamental rights and to better understand the fundamental right violations of the detainees. This paper makes a comparison with the laws that deal with preventive detention in the USA and a brief analysis of the origins of preventive detention in the USA and an analysis as to the current effects of these laws that deal with preventive detention of both the countries.
References
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