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Unlawful Detention in India: Urgent Need For A Law Of Compensation For Those Under Illegal Detention

The Police are usually regarded as the most crucial force in our society. This is the reason why they have been granted a lot of authority and responsibility. But how well do they carry out their tasks? Or are you getting proper safety services from the force? Well, most of you will answer either a NO or a frigid YES! Why?

Well, the Exploitation of power by the police is one of the most upsetting and horrifying aspects of our country India. Several members of our society are becoming victims of police violence committed while they are being held in a facility. Examples of violations committed by individuals who are supposed to uphold the law include torture, wrongful detention, custodial deaths, etc., as police eject someone against their will and their will from one location to another.

In this post, you’ll be reading about one such aspect, which is Unlawful Detention in India which is quite prevalent as citizens are suffering a lot due to the same.

What Is Detention?

Detention is the act through which a state or private individual lawfully deprives a person of their freedom or liberty at that particular time. This may be necessary to protect a person or piece of property or because (pending) criminal charges have been brought against the defendant as a result of an investigation. Being detained can be regarded as being transported to a specific location (often referred to as a detention facility), either for questioning or as punishment for a crime (see prison).

Arrest And Detention Are Not the Same

Many people believe that being arrested and being detained are the same thing, but that is WRONG. These two scenarios are very different from one another because, in detention, a person is restrained from their liberty and kept in police custody based on reasonable suspicion even though they have not been charged with any crimes.

During Detention, the police continue to look into the person while they have him in custody. And once the police believe the individual being arrested is rational after questioning them, they release them immediately.

In the Indian Constitution, it is mentioned in Section 151 that “Arrest to prevent the commission of cognizable offences”.

It further states that: “No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty- four hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this Code or of any other law for the time being in force”.

In simple words, it is to place someone in a detention center to stop them from committing any potential crimes. This process is known as preventive detention and is done when there is a motive to believe that the person being held might do an act that would be harmful to the state.

Unlawful Detention In India: A Serious Issue

There’s no doubt that to protect the rule of law and promote public welfare, detention is both legal and essential. But occasionally, a specific situation emerges where custody is illegal or involves no legitimate authority, thus pointing in the direction of a violation of rights and continuing the crime of Unlawful detention in India.

“The sequence of events in the case(s) on hand reveals beyond any doubt that it is a classic case of bureaucratic lethargy and slumber, which has played a lot in depriving the personal liberty of a citizen guaranteed under Article 21 of the Constitution.”

Justices S Vaidyanathan and A D Jagadish Chandra

The above statement is given by Madras court justices over a similar illegal and unlawful detention in India case! Only a few months ago, two women who had been labelled “bootleggers” were wrongfully imprisoned for more than four months after receiving a clean bill of health from an advisory board. Isn’t it horrific to know that people who are working to guard the citizens are plotting against them, which is resulting in serious matters and wrong decisions?

Similarly, there was another case of Joginder Kumar vs. the State of Uttar Pradesh, the plaintiff was held by a policeman, and his whereabouts were kept a secret from his family for five years.

It wouldn’t be wrong to say that Police and safety forces carelessly abuse the public to prove their superiority and gratify their egos. Some laws provide government officials with broad authority to limit citizens’ freedoms without justifiable limitations. But any law that grants such powers has no place in contemporary democratic society.

Law Of Compensation As A Remedy

Overall, the Government should ensure that no one, including the police, is harassing its citizens. Many State Governments have recently discussed compensating such victims highlighting the fact that receiving compensation for harassment by public officials not only benefits the victim financially and personally but also contributes to eradicating social evil.

Even though states are working together for illegal detention victims, there’s an urgent need for a law that describes the same so that no person suffers from such behavior by civil officials. Once the law is implemented by the Central, there will be peace and no such violence!



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