Published on 08 Feb 2025
The National Security Act of 1980 is a preventive detention law which empowers the central and the state government to detain a person to prevent the person from any act which threatens the security of India or results in disruption of public order.
Major provisions of NSA,1980
Grounds for detention:
The person is acting in a manner prejudicial to the defence of India, the relation of India with foreign powers, or the security of India.
Detention for maintenance of public order.
Detention for the maintenance of supplies and services essential to the community.
Detention period: The person can be detained for a period of 12 months, provided the state government has to be intimidated about the same.
Charges for detention: The person can be held under detention for 10 days without being told the charges against him.
Access to justice: The detained person can appeal before a high court advisory board, but they are not entitled to have the service of a lawyer.
Significance of the legislation
Curbing organized crime: The legislation has been used to target individuals involved in organized crime, terrorism or activities that pose a threat to national security.
Example: In Uttar Pradesh, 795 gangsters have been charged under NSA between 2017 and 2022.
Prevent communal violence: The NSA empowers the state to restrict the actions of an individual who attempts to inflame communal sentiments and cause violence.
Example: In 2002, Kerala police arrested and detained Abdul Nasar Madani
Counter extremism: The legislation facilitates the control of extremist groups which threaten the security and integrity of India.
Example: The arrest of Tariq Qasmi, being responsible for the Lucknow bombing.
Maintain public order: Large gatherings in India, be they political or cultural, pose a risk of turning unruly due to external influences. Detaining individuals with the potential to cause chaos during public events could help mitigate this risk.
Curb anti-government agendas: Legislation could be employed to regulate organizations that criticize the government on unjustifiable grounds and incite the public against the state.
Concerns with the legislation
Misuse for political gain: The NSA could be used to stifle political opponents and suppress dissent.
Example: Supreme Court quashes NSA proceedings against Samajwadi Party leader in UP citing improper use of jurisdiction.
Curbing freedom of expression: The broad provisions of the NSA discourages free speech and violates article 19 of Indian citizens.
Example: Journalist Kishore Chandra Wangkhem was detained for expressing criticism of the Manipur Chief Minister, but the court subsequently issued an order for the individual's release.
Potential for coercive confessions: The long period of detention facilitates the state to impose physical and mental torture upon the accused and coercively make them confess a crime.
Example: There exist allegations that Tariq Qasmi was forcefully confessed while he was detained under NSA.
Target minority community: The NSA has been seen to be used disproportionately against minority communities.
Example: Arrest of Kafeel Khan during the CAA protest for his speech. The court later acquitted him.
Suppression of activism: The NSA could be used to suppress activism and prevent the upsurge of social movements.
Example: Sudhir Dhawale getting arrested for making speeches in connection with Bhima Koregoan violence.
Violation of human rights: The provision for detention without a fair trial can be seen as a violation of human rights
Way forward
Prioritize Intelligence Gathering: Emphasize intelligence gathering and alternative measures to address national security threats without relying excessively on preventive detention.
Enhance Judicial Scrutiny: Strengthen the judicial oversight of preventive detention orders under the NSA to safeguard against arbitrariness or unconstitutionality.
Promote Transparency: To prevent the misuse of power, the government should guarantee transparency in the detention process, informing detainees about the reasons for their detention and making detention orders publicly accessible.
Ensure Lawful Implementation: Authorities must strictly adhere to the legal provisions of the NSA, avoiding any misuse aimed at targeting political adversaries or suppressing dissent.
The National Security Act, 1980 has served the purpose of maintaining public order and protected national security at times. But the broad detention provisions must be made better codified and adequate legal measures must be ensured to prevent potential misuse. The duration for detention can be reduced and care must be taken to ensure that the detainee is not subject to physical or mental punishments during this period.
Security
Internal security legislations
National security act
Significance of National security act
General Studies Paper 3
Internal Security
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