LEGAL & PENOLOGICAL ASPECT OF PREVENTIVE DETENTION LAWS
By Sidhartha Singh
The primary objective of the Author in this Paper is to analyse the concept of Preventive Detention under the Constitution of India and also to attempt to answer the question that whether Preventive Detention can be regarded as a Punishment for the purposes of Penology. The paper is divided into three parts.
In the first part the author discusses the various approaches of Punishments namely, Punitive, Therapeutic and Preventive and discuss about them briefly. The Author delves into the question, what constitutes Punishment and its essentials. For this purpose, the pronouncements of various Jurists such as H.L.A. Hart are relied.
The next part discusses Preventive Detention as an affront to the all-pervading concept of personal liberty. The Author discusses in detail Article 22, substantiated with the help of landmark pronouncements by the Courts, discusses the history of Article 22, and various preventive detention laws which are currently in operation in India. The author also discusses the controversial decision in Dimple Happy Dhakad case.
In the last part the Author discusses the pertinent question that whether Preventive Detention is actually a Punishment. The Author substantiates this part with analysing various definitions of preventive detention and Punishment. Then the Author talks about the pronouncements of various Penologists and contends and portrays a different view from them with the help of examples in contemporary India such as Dr. Kafeel Khan and house arrests of various Political prisoners in Kashmir.
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