Preventive Detention Laws of Bangladesh and India: A Comparative Study

Abstract

Abstract One of the few countries in the world that authorizes preventive detention regardless of the existence of emergency is Bangladesh. Preventive detention has been the most popular tool in instances of violations of human rights since Independence. This has been utilized as a tool for political exploitation in Bangladesh regardless of the form of government which has been in power. Those who have all failed spectacularly throughout in attempts to curb the widespread problem of preventive detention. However, the spirit of our constitution, democracy, and the rule of law are almost all violated by something like this. The concept of malicious preventive detention is prevalent in Bangladesh despite a number of legislative safeguards against it. The study is aimed at showing how preventive detention infringes on rights and how the system of justice misuse their authorities. In my research I want to highlight the Introduction, Historical background of preventive detention, Conceptual study on preventive detention law in Bangladesh, Conceptual study on preventive detention law in India. The necessity of preventive detention for our country will also be highlighted. I will highlight the recommendations given by the Supreme Court while citing the relevant cases that involve preventive detention in Bangladesh