In India, preventive detention laws confer upon authorities the power to detain individuals without trial for a specified duration if they are perceived as posing a threat to public order, national security, or the continuity of essential services. These laws are meticulously crafted to deter individuals from engaging in specific offenses or behaviours that could undermine the stability of the state or society. The primary objective of preventive detention is to proactively address potential threats to public safety before they escalate into tangible harm.

However, it is paramount to ensure that the enforcement of such laws adheres meticulously to constitutional principles, including those enshrined in Articles 21 and 22 of the Indian Constitution. This entails conducting detentions with strict adherence to due process, respecting the rights of the individuals detained, and subjecting the decision to detain to independent scrutiny by judicial or advisory bodies. By upholding constitutional safeguards, authorities can effectively mitigate the risk of abusing power and uphold the fundamental rights of individuals subjected to preventive detention.

The Kerala Anti-Social Activities (Prevention) Act (KAAPA) was enacted in 2007 with the aim of preventing anti-social activities in the state of Kerala, India. The act allows for the detention of individuals engaging in organized criminal activities and gang-related offenses. It has provisions for the establishment of a KAAPA Advisory Board, which is tasked with reviewing cases of detention under the act and recommending whether the detention should be continued or the individual should be released.

The KAAPA Advisory Board is composed of a Chairperson who is or has been a judge of the High Court and two other members who are qualified to be appointed as Judges of the High Court. The board reviews the detention of individuals under the act within nine weeks of their detention and has the authority to make recommendations to the state government regarding the continuation or release of the detained individual. The State Government then has the power to act on these recommendations.

The KAAPA Advisory Board plays a crucial role in ensuring that the provisions of the act are implemented fairly and in accordance with the principles of natural justice. It provides an independent review of cases of detention under the act and helps to safeguard the rights of individuals detained under the act.

In every case where a detention order has been made under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, the Government shall, within three weeks from the date of detention of a person, place before the Advisory Board the grounds on which the order has been made and the representation, if any, made by the person affected, and in cases where the order has been made by an authorised officer, the report by such officer under sub-section (3) of Section 3.

Any person aggrieved by an order issued under Section 15(1) of the Kerala Anti-Social Activities (Prevention) Act may represent before the Advisory Board within fifteen days of the date of service of the order. The Board, on receipt of such representation, shall consider it and, after enquiring into the facts and circumstances in such manner as it may deem fit, shall within thirty days of the date of receipt of such representation, annul, amend, or confirm the order, either in part or in full.

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act) was enacted in 1988 by the Government of India with the aim of preventing illicit traffic in narcotic drugs and psychotropic substances in the country. The act allows for the detention of individuals engaging in such activities. It has provisions for the establishment of an Advisory Board, which is tasked with reviewing cases of detention under the act and recommending whether the detention should be continued or the individual should be released.
The Advisory Board, as envisaged in the PITNDPS Act, is composed of a chairman who is or has been a judge of the High Court and two other members who are qualified to be appointed as judges of the High Court.

In every case where a detention order has been made under Section 3(1), the Government shall, within five weeks from the date of detention of a person, make a reference in respect thereof to the Advisory Board. The Board reviews the detention of individuals under the act and has the authority to make recommendations to the State Government regarding the continuation or release of the detained individual within eleven weeks of their detention. The State Government then has the power to act on these recommendations.

The Advisory Board plays a crucial role in ensuring that the provisions of the act are implemented fairly and in accordance with the principles of natural justice. It provides an independent review of cases of detention under the act and helps to safeguard the constitutional rights of individuals detained under the act.

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act) was enacted in 1984 by the Government of India with the aim of preventing illegal smuggling activities and conserving foreign exchange in the country. The act allows for the detention of individuals suspected of engaging in smuggling and related offenses. It has provisions for the establishment of an Advisory Board, which is tasked with reviewing cases of detention under the act and recommending whether the detention should be continued or the individual should be released. The Advisory Board, as envisaged in the COFEPOSA Act, is composed of a Chairperson who is or has been a High Court judge, and two other members who are qualified to High Court judges.

In every case where a detention order has been made under Section 3(1), the Government shall, within five weeks from the date of detention of a person, make a reference in respect thereof to the Advisory Board. The Board reviews the detention of individuals under the act and has the authority to make recommendations to the State Government regarding the continuation or release of the detained individual within eleven weeks of their detention. The State Government then has the power to act on these recommendations.

The Advisory Board plays a crucial role in ensuring that the provisions of the act are implemented fairly and in accordance with the principles of natural justice. It provides an independent review of cases of detention under the act and helps to safeguard the constitutional rights of individuals detained under the act.

The National Security Act (NSA) was enacted in 1980 by the Government of India with the aim of preventing activities prejudicial to the security of India. The act allows for the detention of individuals suspected of engaging in such activities. It includes provisions for the establishment of an Advisory Board, which is responsible for reviewing cases of detention under the act and recommending whether the detention should be continued or the individual should be released. The NSA Advisory Board is composed of a Chairperson and two other members who are qualified to be appointed as judges of the High Court.

In every case where a detention order has been made under Section 3(1) of the NSA Act, the Government shall, within three weeks from the date of detention of a person, place before the Advisory Board the grounds on which the order has been made, any representation made by the affected person, and, if the order has been made by an authorized officer, the report by such officer under subsection 4 of Section 3 of the NSA Act. The Board reviews the detention of individuals under the act and has the authority to make recommendations to the State Government regarding the continuation or release of the detained individual within seven weeks of their detention. The State Government then has the power to act on these recommendations.

The Advisory Board plays a crucial role in ensuring that the provisions of the act are implemented fairly and in accordance with the principles of natural justice. It provides an independent review of cases of detention under the act and helps to safeguard the constitutional rights of individuals detained under the act.