The primary focus of this paper is on the shortcomings of the existing preventive detention legislation, especially the National Security Act, 1980. India had various laws on preventive detention prior to the existing National Security Act,1980 but they were gradually repealed, and then the current Act was brought, it was initially enacted as an Ordinance by the President in 1980 but now it has become a prominent law on preventive detention. Preventive detention violates the very basic fundamental right of an individual which is the right to personal liberty enshrined under Article 21 of the Constitution and the mandate provided under Article 22 related to the rights of an arrested person is also violated in the case of preventive detention. India is among the few nations where preventive detention law is constitutional whereas in countries like USA and England no such law exists(exception during wartime).
Alarming rise in the number of preventive detentions due to the ease provided under the preventive detention laws, there is a need in the Indian legal system to make the authorities accountable for arbitrary detentions and to establish safeguards to ensure fair procedure before restricting people’s freedom.
