Thought Leadership
The Rise of Preventive Law and the Fear of Future Harm
This essay examines where preventive law has overreached: in compliance frameworks divorced from the actual causes of contraventions, in the systematic reversal of the burden of proof, and most acutely, in the routine deployment of provisional attachment as a pre-adjudicatory punishment. The law designed to address the fear of harm has itself become an object of fear. Preventive law has emerged as the legislature's response to the complexity, scale, and pace of modern business activity and in jurisdictions like India, as a scaffolding for laws that lack organic social consensus.

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