(5) When any person is detained in pursuance of an order made under any law providing for preventive detention the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall provide him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is related to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe –

(a) The circumstances under which, and the class or classes of cases in which, a person may be confined for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

COMMENTS

Article 22 consists of two parts. Clauses (1) and (2) apply to persons arrested or detained under a law otherwise than a preventive detention law. Clauses (4) to (7) apply to persons arrested or detained under a preventive detention law.

The Supreme Court has held that the communication of the ground of arrest to the detenu allowing consultations with and defence by a council and production before the nearest magistrate within 24 hours or mandatory requirements.

The right not to be arrested except for heinous offences and to have someone informed of the arrest and to consult privately with lawyers is inherent in Articles 21 and 22(1) of the Constitution and required to be recognized and scrupulously protected.

Preventive Detention is provided in the Constitution to preserve peace and order for the general public. Sometimes, the dangerous criminals and organized gangs or more resourceful and organized than the archaic police administration in India. The police administration, through control of executive magistrate, therefore, should be committed with power of preventive detention in exceptional cases and for a temporay period provided as per the constitutional provisions with certain safeguards. Preventive Detention is designed to prevent the abuse of freedom by anti social and subversive elements which might imperial the national welfare and subvert of disrupt the basis of an established order. In case of preventive detention, documents which are important should be supplied and also documents which are considered by the detaining authority.

The following Acts were enforced:

(1)The prevention Detention Act,1950.

(2) The Maintenance of Internal Security Act ,1971 known as MISA.

(3)The conservation of foreign Exchanged and Prevention of Smuggling Activities Act ,1974 referred to as the COFEPOSE.

(4)The National Security Act, 1980 (NASA repealed MISA).

(5)The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities ACT, 1980.

(6)The Terrorist and Disruptive Activities (prevention) ACT,1985(commonly called TADA) has since been repealed. Some states ,i.e. Jammu and Kashmir, Madhya Pradesh, Uttar Pradesh, Maharashtra, Andhra Pradesh, and Rajasthan have enacted States laws, authorizing preventive detention, which recall the old preventive detention Act of 1950, Thus, the power of preventive detention is divided between the union and the states. The Supreme Court that the State Government may, if satisfied with respect to any bootlegger or drug offender (of forest offender) or goonda or immoral traffic offender or slum grabber that with a view to prevent him from acting any manner prejudicial to the maintenance of public order, it is necessary to do so, make an order directing such person be detained (without opportunity of hearing). But this power of trial by the executive should be sparingly used in exceptional circumstances to prevent larger damage to the public interest.

Right Against Exploitation

23.Prohibition of traffic in human being and forced labour:

(1) Traffic in human being and beggar, and other similar forms of forced labour are prohibited any breach of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this Article shall prevent the State from imposing compulsory service for public purposes, and in imposing compulsory service for public purposes, and in imposing such service, the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

24.Prohibition of employment of children in factories, etc.:

No child below the age of fourteen years shall be employed to work in any factory or mine engaged in any other hazardous employment.

COMMENTS

Under the old Zamindari system, the sharecroppers have sometimes been to render free service to their landlords. This was called ‘begar’. Courts have held that even if some remuneration is paid, the labour may be a forced one.

Article 24 specifically prohibited the employment of children below the age of 14 in factories or mines or in any other hazardous jobs. This is in keeping with the human rights concepts and the United Nations norms.

The employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act providing for compensation, employment of their parents-guardians and their education.