Preventive Detention as Violation of Human Rights: A Critical Analysis from Bangladesh Perspective

This article highlights an elaborate explanation and characteristics of preventive detention. It is to draw the outline of the basic theory of preventive detention, historical background to the rise of preventive laws in the subcontinent, usages, misusages of the preventive laws and the violation of the constitutional fundamental rights, human rights and the civil suffering arising from it in Bangladesh. It assesses the alignment of preventive detention with international human rights standards. Preventive detention is a legal mechanism which is used by the state to detain individuals without trial based on perceived threat. It has been a contentious issue in Bangladesh. This paper explores how preventive detention often leads to violation of human rights by arbitrary detention, torture, and by the denial of right to free and fair trial. The article highlights the legal and ethical concerns regarding preventive detention. It argues that the preventive detention may be justified in exceptional circumstances but its uncontrolled application undermines the fundamental and human rights in Bangladesh. It is to provide some suggestions and recommendations to eliminate the provisions of extra-judicial detention like preventive detention to ensure complete success to make effective, non-discriminative, and easy access to justice for all in the society. Keywords: Preventive Detention, without conviction, Imperial Liberation War, Discrimination, Social Justice.