Paper: GS – III, Subject: Internal Security, Topic: Security and Their Mandate, Issue: The National Security Act (NSA), 1980.
Context:
The detention of climate activist Sonam Wangchuk under the National Security Act (NSA), 1980, has once again sparked debate about one of India’s most stringent preventive detention laws.
- The National Security Act (NSA) empowers governments to detain individuals preemptively to prevent potential threats to national security, public order, or essential supplies.
Key Takeaways:
About National Security Act, 1980:
- About: The National Security Act (NSA) was passed by the Parliament in 1980 and has been amended several times since then.
- NSA “empowers the state to detain a person without a formal charge and without trial”.
- Need of NSA: Under the Act, a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
- Administrative order of District Magistrate: It is an administrative order passed either by the Divisional Commissioner or the District Magistrate (DM) and not detention ordered by police based on specific allegations or for a specific violation of the law.
Duration: Under NSA, individual can be detained without charges for 12 months, with state government informed.
- A person detained under the National Security Act (NSA) can be held for 10 days without being told the charges against them.
Appeal: The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial.
Protection available under the Act:
- Representation before an independent advisory board: The Indian Constitution allows both preventive detention and the right of protection against arrest and detention in certain cases, enshrined under Article 22 of the Constitution.
- However, Article 22(3) provides that the rights available to an arrested person will not be applicable in case of preventive detention, thus an exception is carved out.
https://indianexpress.com/article/explained/national-security-act-detain-sonam-wangchuk-10274411
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