Externment
What is “externment”?
Imagine there is a boy named Gourav who always gets into fights and breaks rules during the game. This creates a sense of fear among other kids whenever he is there. So, the teacher decides to restrain Raj from coming to the playground for a month. This is not because he did something wrong, but because he keeps doing it again and again. This restraint intends to stop trouble before it happens.
The term externment is nothing more than that The word ‘Extern' means ‘outward’ derived from the Latin root 'Externus' as opposed to the legal term 'Intern' which means 'to confine within the limits of a country, district or place; to oblige reside within prescribed limits.'[1]
To put it in sophisticated terms, externment is used as a preventive measure to restrain the criminal activities of a person. It typically prevents people from entering a particular place for a certain period due to suspicion of affecting the criminal activities as exhibited by the prior conduct.[2]
The official definition of Externment
Externment defined under case law
In Deepak v. State of Maharashtra,[3] The Supreme Court of India dealt with the concept of "externment," which is a preventive measure under Indian law that allows the authorities to expel an individual from a particular area to maintain public order or peace. The Supreme Court particularly derives this from the Maharashtra Police Act. So moving forward, let's explore the legislation.
Externment defined under legislation
The term "externment" in Indian legislation refers to the removal of individuals from a specified area due to their harmful or potentially harmful actions, particularly those that threaten public order, safety, or health. While no official definition of "externment" has been adopted by the courts, its legislative references provide a framework for its understanding.
The first reference for the same can be seen in the Preamble of the Bengal Goonda Act 1923,[4] which provides the first reference to internment emphasizing control of "goondas" (bad characters) within Calcutta and its surrounding areas. The purpose of externment here is to regulate the movement of individuals deemed dangerous and remove them from specific localities to prevent harm to public order.
Secondly, Section 56 of the Bombay Police Act, 1951[5], introduces externment powers, allowing authorities such as the Commissioner of Police, District Magistrate, or Sub-Divisional Magistrate to order the removal of individuals from a specified area. The criteria for this is also defined under the legislation This provision is preventive, designed to maintain public order and safety.
In 2012, this was renewed. The Maharashtra Police Act[6] further strengthens the concept of externment, particularly under Section 56 and Section 58, which cover the removal of individuals about to commit an offense. Under Section 56, the externment order can be issued by the Commissioner of Police, District Magistrate, or a specially empowered Sub-Divisional Magistrate.
Section 58 of the Maharashtra Police Act[7] outlines the period for externment, defining how long the individual may be directed to stay outside the area or state. This period can be up to two years, depending on the case, and the person is prohibited from returning during this time.
The most recent reference to externment is in the Atrocities Act,[8] which majorly aims to prevent atrocities against SCs and STs and provide special protection to these vulnerable communities. Externment provisions in this regard are used as a preventive measure to keep habitual offenders or those posing a threat to peace, particularly against SC and ST individuals, from entering certain areas.
In essence, from the upper context, we can conclude that externment is a preventive action used by law enforcement to ensure public safety and order by removing individuals from areas where their presence is deemed detrimental to the community.
Legal provision relating to term
The Supreme Court highlighted the protection of fundamental rights while considering externment orders. Key points include:
- Article 21: Externment must comply with due process and not violate the right to life and personal liberty.[9]
- Article 14—Externment Order should be non-discriminatory and fair, based on rational grounds.[10]
- Article 19: Externment must be reasonable, as it restricts the right to move freely and settle anywhere in India.[11]
And also Procedural fairness: A person facing externment must have the opportunity to challenge the order and be informed of the grounds
Types of 'Terms'
Classification of Types of Externment
| Category | Description | Example/Region |
| Preventive Externment | Issued to prevent offenses or maintain public peace, often targeting habitual offenders | Section 56, Maharashtra Police Act, 1951 |
| Punitive Externment | Imposed as a post-conviction penalty, typically involving exclusion from certain areas. | Section 57, Maharashtra Police Act, 1951 |
International Experience[12]
| Country | Conceptual Framework | Deviations from Indian Practice | Best PracticesDeb,Deb, |
| United States | Civil restraining orders (linked to movement restrictions) | Focus on due process and judicial review. | Detailed hearings and procedural safeguards. |
| United Kingdom | Anti-social Behaviour Orders (ASBOs) | Not termed "externment," used to prevent community harm. | Community-based resolution mechanisms. |
| European Union | Border control and exclusion laws | Often applied in immigration contexts rather than internally. | Coordination between member states. |
Challenges
- Lack of legal definition: Externment is not explicitly defined in any provisions; a proper legal definition is necessary.
- Impact of rights: Violations of fundamental rights, Article 19 of the Indian Constitution.
Way ahead
To ensure fairness and transparency in externment proceedings, the way ahead involves three key solutions:[13]
- We need to establish a precise legal definition of "externment" within the legislation to standardize its application and ensure consistency in enforcement.
- We need to strengthen procedural safeguards to protect individuals' rights under Articles 14, 19, and 21 of the Indian Constitution, ensuring that externment orders are non-discriminatory, reasonable, and comply with due process.
- We need to enhance judicial oversight by mandating periodic reviews of externment orders, ensuring they are based on concrete evidence and aligned with public safety needs.
Related terms
| Term | Usage Context | Example |
| Banishment | Historical removal of individuals. | Used in medieval legal systems. |
| Expulsion | International removal. | Common in immigration laws. |
| Restrictive Orders | Broader category, including externment. | Anti-social Behaviour Orders in the UK. |
References
- ↑ Deb, R et al, 'Operation of Special Laws Relating to Externment of Bad Characters' (1969) 11 Journal of the Indian Law Institute 1, 28 http://www.jstor.org/stable/43950008 accessed 5 January 2025.
- ↑ https://www.lexology.com/library/detail.aspx?g=2a1024bb-0d47-4a75-83b4-140fb74fe73d#:~:text=Externment%20is%20a%20system%20of,criminal%20activities%20of%20a%20person
- ↑ (2023) 14 SCC 707.
- ↑ Bengal Goonda Act 1923.
- ↑ Bombay Police Act 1951, s 56.
- ↑ Maharashtra Police Act, 2021, ss 56-58.
- ↑ Maharashtra Police Act, 2021, s 58.
- ↑ The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- ↑ The Constitution of India, art. 21.
- ↑ The Constitution of India, art. 14.
- ↑ The Constitution of India, art. 19.
- ↑ Deb, R et al, 'Operation of Special Laws Relating to Externment of Bad Characters' (1969) 11 Journal of the Indian Law Institute 1, 28 http://www.jstor.org/stable/43950008 accessed 5 January 2025.
- ↑ Deb, R et al, 'Operation of Special Laws Relating to Externment of Bad Characters' (1969) 11 Journal of the Indian Law Institute 1, 28 http://www.jstor.org/stable/43950008 accessed 5 January 2025.
