Why in News?
Climate activist Sonam Wangchuk’s wife, Gitanjali J. Angmo, filed a habeas corpus petition in the Supreme Court challenging his preventive detention under the National Security Act (NSA), 1980, after violent protests in Leh, seeking disclosure of his whereabouts and immediate release.
Description:
| Aspect | Details |
| Enacted | 23rd September, 1980 by Parliament of India |
| Nature | Preventive detention law |
| Objective | To prevent individuals from acting in a manner prejudicial to national security, public order, or essential supplies & services |
| Historical Background | – Colonial precedents: Bengal Regulation III (1818), Defence of India Act (1915), Rowlatt Act (1919) – Post-Independence: Preventive Detention Act (1950–1969), MISA (1971–1978) repealed after Emergency misuse |
| Constitutional Backing | Article 22(3)(b) permits preventive detention; Article 22(4) limits detention to 3 months unless approved by an Advisory Board |
| Key Provisions | – Power of Detention: Both Central & State govts can detain – Grounds: Threat to defence, foreign relations, public order, or essential supplies – Detention Period: Up to 12 months, extendable with fresh grounds – Advisory Board: Must review detention within 3 months, headed by HC judges – No Legal Representation: Detainee cannot have lawyer before Advisory Board – Temporary Release possible with govt conditions – Immunity Clause: Protection for actions taken in “good faith” |
| Significance | – Tool for preventive action in sensitive regions – Used in Kashmir (post-Article 370) – Deters potential threats – Balances security & civil liberties (on paper) |
| Criticism | – Arbitrary Detention: Misused against activists & minorities – Violation of Fundamental Rights (Article 21 & 22 safeguards) – Lack of Transparency: No NCRB data (no FIRs registered) – Natural Justice Violations: No court appearance in 24 hrs, no bail rights – Low Conviction Rate: Example: Allahabad HC quashed 94/120 NSA orders in 2021 |
| Way Forward | – Stronger judicial oversight – Amend provisions denying legal representation – Introduce Sunset Clauses to limit misuse – Ensure transparency in detention records – Balance national security with civil liberties |
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