COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM

AUTHOR – ARPIT KUMAR YADAV* & DR. JYOTI YADAV**

* STUDENT AT LL.M (CRIMINAL LAW) AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ARPIT KUMAR YADAV & DR. JYOTI YADAV, COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 704-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT –

This research paper critically examines the legal frameworks governing preventive detention in India and the United Kingdom, focusing on the complex interplay between national security concerns and the protection of fundamental human rights. In both countries, preventive detention laws have evolved in response to threats like terrorism and political unrest. However, their implementation raises significant concerns regarding individual liberties, primarily the right to personal freedom, fair trial, and access to justice.

In India, preventive detention is governed by constitutional provisions, particularly Article 22, and is further reinforced by legislation such as the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA). Despite the existence of safeguards like Advisory Boards, the Indian legal framework often faces criticism for misuse in politically motivated cases and lack of transparency.

Similarly, the United Kingdom’s preventive detention laws, influenced by counter-terrorism measures, have raised critical human rights issues, especially related to indefinite detention without trial under the Terrorism Act (2000). The country’s compliance with the European Convention on Human Rights has been challenged, particularly regarding the right to liberty and security.

This paper provides a comparative analysis of both legal systems, evaluating the strengths and weaknesses of their preventive detention laws and suggesting reforms to better protect human rights while addressing national security concerns.

Keywords: Preventive Detention, National Security, Human Rights, India, United Kingdom, Constitutional Provisions, National Security Act (NSA), Unlawful Activities (Prevention) Act (UAPA), Terrorism Act (2000), European Convention on Human Rights, Right to Liberty, Fair Trial, Political Unrest, Counter-Terrorism, Judicial Review, Safeguards, Legal Framework, Fundamental Rights, Indefinite Detention, Human Rights Violations.