PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS WITH SPECIAL REFERENCE TO TAMILNADU ACT 14 OF 1982-A CRITICAL ANALYSIS

AUTHOR – Dr.REKHA V,ASSISTANT PROFESSOR OF LAW (S.G) IN CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM, MAIL ID: REKHASURESH1817@GMAIL.COM

BEST CITATION – Dr. REKHA V, PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS WITH SPECIAL REFERENCE TO TAMILNADU ACT 14 OF 1982-A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 29-34, APIS – 3920 – 0001 & ISSN – 2583-2344.

Recent findings by the Supreme Court suggest that preventive detention provisions are remnants of colonialism and grant the state discretionary power. It was observed that they also pose a significant danger to an individual’s entitlement to personal freedom, as protected by Article 21. Furthermore, apart from the remark made by the Supreme Court, there have been several instances where laws have been improperly employed, leading to the presentation of cases before the Courts. For the purpose of safeguarding public order or national security, the government has the authority to detain an individual in preventive custody without pressing charges or initiating a trial. The field of humanities has been a prominent subject of conversation since the General Assembly of the United Nations officially accepted the Universal Declaration of Human Rights on December 10, 1948. Human rights organizations have been diligently striving to safeguard these fundamental rights in numerous places across the globe. There are no constraints or prohibitions on the fundamental rights of individuals in any particular country. The right in question is a basic human entitlement that is universally applicable, irrespective of one’s race, gender, sexual orientation, language, religion, political ideology, nationality, or any other characteristic. These rights should not be impeded by an autocratic government or a malevolent individual.