“Security Lawlessness and Summary Injustice”, 18 February 2023
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 18 February 2023
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi critiques the expansion of preventive detention laws in Maharashtra to include white-collar and non-violent crimes. He argues that these laws, designed for "emergency" situations, are being used to bypass the standard criminal justice system. This leads to "procedural tyranny," where individuals are jailed without trial based on mere suspicion. Baxi warns that this "inflation" of detention laws erodes the fundamental right to liberty. He calls for a return to strict judicial scrutiny of detention orders, ensuring that the "exception" of jailing someone without trial does not become the administrative "rule" in a democratic state. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository