Article 22, despite being a fundamental right, has some parts which pose as ‘fundamental dangers’. Examine the above statement in the light of debate surrounding preventive detention laws in India.
The article 22 of the Indian constitution contains certain laws for detention and arrest.
Article 22 ensures:
- Any arrested person be presented before a magistrate within 24 hours.
- A person alleged of offence be given reason of his arrest except in some cases.
- Right to refer prosecutor.
Although there are exceptions to the provisions in form of preventive detention. Any person suspected of carrying an offence in future can be detented for a period of three months.
Due to its extreme nature, preventive detention attracts criticism and is called a ‘fundamental danger’, as:
- It is against a right to liberty, life and article 19.
- No democratic country in the world has legalized preventive detention as in India.
- Use of detention laws for political vengeance.
- It is government’s excess against civil liberties.
But preventive detention laws are a necessary evil in India because of following reasons:
- Diverse society and diversity in form of crimes.
- Prevent occurrence of large-scale crimes and big loss.
- Ensure social order, harmony in society as antisocial elements try to disrupt peace, especially on festivals, occasions, etc.
Preventive detention is an exceptional clause; therefore its use must be limited and should be rational.