Do you believe the exception of preventive detention laws is becoming the new norm in India? Provide examples to support your argument.
The erosion of the presumption of innocence in India's criminal justice system can have serious consequences. This fundamental principle, which asserts that a person is considered innocent until proven guilty, is crucial for ensuring fair trials and protecting individual rights. Without this presumpRead more
The erosion of the presumption of innocence in India’s criminal justice system can have serious consequences. This fundamental principle, which asserts that a person is considered innocent until proven guilty, is crucial for ensuring fair trials and protecting individual rights.
Without this presumption, individuals may face undue prejudice and bias. This can lead to a range of issues, including wrongful convictions, where innocent people are punished or stigmatized. The pressure on the prosecution to prove guilt beyond a reasonable doubt may be undermined, potentially resulting in a lower standard of proof and compromising the integrity of legal proceedings.
Additionally, the erosion of this principle can erode public trust in the criminal justice system. If the system is perceived as biased or unfair, it can lead to increased skepticism about its efficacy and legitimacy. This could also foster a climate of fear and injustice, where individuals are less likely to come forward with complaints or evidence.
Overall, maintaining the presumption of innocence is essential for ensuring justice, upholding human rights, and preserving the credibility of the legal system.
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Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this: Unlawful Activities (Read more
Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this:
Unlawful Activities (Prevention) Act: UAPA has made a favourite weapon in the hands of people to detain someone without sufficient evidence against him rather than accusing him of being a terrorist or having engaged in acts of sedition. -STATE LEVEL LAWS: Very much similar to the state of Jammu and Kashmir, they have Public Safety Act, under which people can be put up for prolonged detention without trial. These provisions are invoked for keeping some journalists and activists under extended detention. -PREVENTIVE DETENTION AS A TOOL OF PROTEST AND DISSATISFACTION SUPPRESSION: recently seen in a few cases, in which preventive detention was employed against protests or expressing discontent.
It is one of the ways to bring in keeping public order and security in the country. And misuse of this facility could infringe the essential rights of an individual and undermine principles of justice. The laws would have to be exercised with caution and with proper precautions to guard against misapplication and to ensure the protection of individual liberties.
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