Analyzing the Efficacy of the Cofeposa Act in Combating Smuggling and Preserving Foreign Exchange: a Legal and Policy Perspective

Abstract

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), is a significant preventive detention legislation in India, aimed at curbing economic offenses like smuggling and foreign exchange violations. Though introduced with legitimate economic objectives, COFEPOSA has often faced criticism for compromising civil liberties and procedural fairness. It also undertakes a comparative analysis with international practices and suggests reforms to align national interest with human rights obligations. This article examines the legal architecture, implementation challenges, and judicial scrutiny of the Act, analyzes the legislative framework, judicial scrutiny, implementation challenges, and constitutional implications of COFEPOSA with a focus on its compatibility with constitutional safeguards and fundamental rights. The article also provides a comparative perspective and suggests reforms for aligning national security objectives with civil liberties.