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National Security Act (NSA)
Why is it in news?
- The authorities in Agar Malwa district of Madhya Pradesh booked two men under the draconian National Security Act (NSA) for allegedly transporting cattle illegally and disrupting public peace.
More in news
- What is NSA?(1) The National Security Act is a stringent law that allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order.(2) The person does not need to be charged during this period of detention. The goal is to prevent the individual from committing a crime.
- Historical background: The National Security Act was promulgated on September 23, 1980, during the Indira Gandhi government and its purpose is "to provide for preventive detention in certain cases and for matters connected therewith".
- Applicability: It applies to the entirety of India, except Jammu and Kashmir.
- As per NSA, the grounds for preventive detention of a person include:(1) Acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India.(2) Regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.(3) Preventing them from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do.
- Detention period:(1) Under the National Security Act, an individual can be detained without a charge for up to 12 months; the state government needs to be intimated that a person has been detained under the NSA.(2) A person detained under the National Security Act can be held for 10 days without being told the charges against them.
- Appeal provision: The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial.
- Misuse: The NSA has repeatedly come under criticism for the way it is used by the police.
Source
The Hindu