Illegal Detention in India: A Threat to Personal Liberty and Rule of Law
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Abstract
Illegal detention in India poses a significant threat to the fundamental rights of personal liberty and the rule of law, both of which are enshrined in the Indian Constitution. Despite constitutional safeguards under Articles 21 (right to life and personal liberty) and 22 (protection against arbitrary arrest and detention), instances of unlawful imprisonment, prolonged custody without trial and the misuse of preventive detention laws continue to undermine democratic principles. The classic example of the breach of the above mentioned principle of liberty is the case of Umar Khalid.[1] In which the accused has been under detention without any trial.
This study seeks to critically examine the prevailing legal framework governing detention in India, with particular reference to judicial pronouncements addressing instances of custodial violence and abuse of power.
The study also proposes viable reforms with a view to ensuring greater accountability, adherence to the rule of law and the effective protection of fundamental human rights guaranteed under Part III of the Constitution.
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References
https://www.amnesty.org/en/latest/news/2022/03/india denial of bail to umar khalid big blow to the right to peaceful protest/
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