PREVENTIVE DETENTION: A CRITICAL EXAMINATION OF LEGAL SAFEGUARDS AND HUMAN RIGHTS

Abstract

Preventive detention is a legal mechanism that permits authorities to detain individuals without formal charges or trial based on the assumption that they may engage in activities harmful to public order or national security. While most democratic nations uphold the principle of personal liberty as a cornerstone of justice, preventive detention laws pose a significant challenge to this ideal by allowing the state to deprive individuals of their freedom without due process. In Bangladesh, laws such as the Special Powers Act of 1974, the Emergency Power Rules of 2007, and Article 33 of the Constitution have been widely criticized for their potential misuse in suppressing political opposition, stifling dissent, and violating human rights rather than serving legitimate security concerns.

This study explores the nature and justification of preventive detention, examines the constitutional and legal safeguards in Bangladesh, and evaluates the judicial remedies available to detainees. Employing a qualitative research methodology, the study utilizes content analysis to assess legal frameworks, judicial precedents, international human rights standards, and comparative practices from other jurisdictions. Through this analysis, the research highlights the inherent risks of preventive detention, including arbitrary arrests, prolonged incarceration without trial, and the facilitation of custodial torture.

The findings indicate that preventive detention laws in Bangladesh are often misapplied, raising serious concerns about due process and the rule of law. The study argues that the existing legal framework requires urgent reforms to prevent human rights abuses and ensure compliance with constitutional and international legal standards.