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Amendments to Preventive Detention Laws

The document discusses amendments to preventive detention laws in India, establishing an Advisory Board of High Court Judges to review cases and requiring government release if no sufficient cause for detention is found. It also liberalizes the interpretation of freedom of speech, allowing reasonable restrictions for state security and public order. Additionally, it outlines rights against exploitation, prohibiting human trafficking and child labor, while guaranteeing freedom of religion with certain limitations.

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3 views1 page

Amendments to Preventive Detention Laws

The document discusses amendments to preventive detention laws in India, establishing an Advisory Board of High Court Judges to review cases and requiring government release if no sufficient cause for detention is found. It also liberalizes the interpretation of freedom of speech, allowing reasonable restrictions for state security and public order. Additionally, it outlines rights against exploitation, prohibiting human trafficking and child labor, while guaranteeing freedom of religion with certain limitations.

Uploaded by

aapkavishwas8
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERNMENT OF THE INDIAN UNION 593

The m
connection with cases of preventive
provisions
detention have been modified by the subsequent Amendment
Act The new Act provides that all cases of preventive deten-
tion must have be refeired to an Advisory Board consisting
to
of three persons of the lank of High Court Judges If, the m
opinion of the Advisoiy Boaid, it appears that there is no
sufficient cause foi the detention of the person concerned, the
Government must lelease the peison and m
this matter, the
opinion of the Boaid is final and binding upon the Govern-
ment Although the Amendment Act does not give the
detenu the right to personally appeal befoie the Boaid, it has
authorised the Boaid to hear the detenu m
person if the
Board consider it necessaiy Undei this act, Sub-Divisional
Magistiates have been denied the powei to issue orders of
detention The Act fuither piovides that detenus can be
leleased on parole Thus the amendment Act has to some
extent libeialised the original Act
Similaily, the Amendment Act
has also libeially mter-
pieted fieedom of speech which, accoiding to the Amendment
Act, IS subject only to ‘Reasonable lestiictions” These les-
tnctions may be imposed m
the mteiests of the security of
the state, the maintenance of fiiendly i elation s with a foieign
state, public older, decency, or morality, or contempt of couit,
defamation, oi incitement to an offence

Right againsft Exploitation* Tiaffic


3. m
human beings
and hegar and othei similai foims of foiced labour are piohi-
bited, but this pi o vision does not m
any way affect the light
-ofthe state to impose compulsory service for public pui poses
Children below the age of fouiteen cannot be employed to
work m
any factoiy oi mine or engaged m
any other hazaid-
ous employment

[Link] to Freedom of Religion. Ai tides 25-28 deal with


the religious lights of the Indian citizens All citizens aie
guaranteed equal light to fieedom of conscience and the light
fieely to piofess, piactise and piopagate leligion provided such
profession or practice 01 piopagation does not interfere with
public ordei, morality and health But this provision does
not affect the light of the state to legulate or lestrict any eco-
nomic. financial, political 01 other seculai activity which may
38

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