'Power to Prevent' : Surveillance, Democracy and Look-Out Circular (LOC) in India

During exceptional situations, in order to trace, prevent, and monitor person who is evading arrest or under suspicion, and is required by law enforcement authorities, the competent authorities can issue Look Out Circulars (LOCs). It is issued to fulfill the stages of both investigation as well as trial. The power to prevent the right to travel and movement is quite extraordinary in its nature and it violates the fundamental right of an individual. Such drastic/extraordinary powers are exercised when exceptional situations arise such as in matters of national security, fulfillment of investigations or trail and others. Despite a series of instructions and guidelines issued by Ministry of Home Affairs, there have been incidents of sheer violation of such power. It has been misinterpreted and misused, and also issued by the central government to suppress dissent. Moreover, the developments in digital technologies unfolded new techniques and practices of surveillance which posit dangers to the right to travel. This article will focus on the powers, guidelines and operational functioning of look out circulars. Further it will try to understand the monopolization of means of movement by the state by incorporating new techniques and practices in surveillance, and its impact on democratic rights and liberties