Constitution of Bharat: Article 22: Part 6

 

Article 22 of the Indian Constitution, which deals with protection against arrest and detention, has influenced various central and state enactments aimed at ensuring these rights are upheld, while also providing for certain exceptions like preventive detention. Here are some key enactments:

Central Enactments:

1. National Security Act, 1980:
   • This act allows for preventive detention in cases where the government believes that an individual's actions are prejudicial to the defense of India, security of the state, or maintenance of public order. It provides procedural safeguards like the formation of advisory boards to review detentions beyond three months, reflecting Article 22's provisions.
2. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974:
   • This act enables the preventive detention of individuals involved in activities related to the smuggling of goods or contravention of foreign exchange regulations, again with provisions for advisory boards and other safeguards akin to those in Article 22.
3. Prevention of Terrorism Act, 2002 (Repealed in 2004):
   • Although repealed, this act had provisions for preventive detention of suspected terrorists, with legal safeguards that were intended to align with Article 22, although it was criticized for potential human rights violations.
4. Unlawful Activities (Prevention) Act (UAPA), 1967 (Amended in 2008, 2012, and 2019):
   • This act allows for the detention of individuals suspected of involvement in unlawful activities or terrorism. It includes provisions for arrest and detention with some safeguards to ensure compliance with constitutional rights under Article 22.
5. Code of Criminal Procedure (CrPC), 1973:
   • While not directly an enactment "based on" Article 22, the CrPC details the procedures for arrest, detention, and bail, which are designed to comply with the constitutional protections against arbitrary arrest and detention. Sections like 50, 57, and 167 of the CrPC ensure rights to information, presentation before a magistrate, and timely bail or release.

State Enactments:

1. State-specific Preventive Detention Acts:
   • Several states have their own preventive detention laws, often mirroring or complementing central legislation but tailored to local issues:
     • Maharashtra Prevention of Dangerous Activities Act, 1981: Targets anti-social elements, with provisions for preventive detention.
     • Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, etc., Act, 1982: Allows for preventive detention to curb activities like bootlegging or drug trafficking.
2. State Police Acts:
   • State police acts often include provisions or guidelines on how arrests should be made, ensuring adherence to Article 22's mandates. For example, the Karnataka Police Act includes directives on the treatment of arrested persons.
3. State Prison Acts:
   • These enactments, like the West Bengal Correctional Services Act, might not directly legislate on arrest but include regulations on how detainees are treated, indirectly upholding the spirit of Article 22 by ensuring humane treatment in custody.

Implementation and Judicial Oversight:

• Judicial Guidelines: Cases like D.K. Basu vs. State of West Bengal have led to judicial guidelines that states must follow regarding arrest and detention, ensuring constitutional protections are maintained.
• State Rules and Regulations: Many states have detailed rules under these acts that specify how detentions should be carried out, how detainees should be treated, the rights of detainees, and the functioning of advisory boards, all in line with Article 22.

These enactments reflect a balance between the need for maintaining law and order and protecting individual rights as enshrined in Article 22, with oversight from both legislative bodies and the judiciary to ensure that these laws do not infringe upon constitutional safeguards unduly.