National Security Act (NSA), 1980 – INSIGHTSIAS

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Topics Covered: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention.

National Security Act (NSA), 1980:

Context:

Former civil servants have demanded an end to the misuse of the National Security Act terming it a draconian preventive detention law.

 

About the National Security Act (NSA):

The NSA is a preventive detention law.

  • Preventive Detention involves the detainment (containment) of a person in order to keep him/her from committing future crimes and/or from escaping future prosecution.

Article 22 (3) (b) of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.

 

Article 22(4)states that:

No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:

  • An Advisory Board reports sufficient cause for extended detention.

The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues.

 

Period of Confinement:

  • The maximum period for which one may be detained is 12 months. But the term can be extended if the government finds fresh evidence.
  • A person can be held for 10 days without being told the charges against them. The person can appeal before a high court advisory board but will not be allowed a lawyer during the trial.

 

Concerns associated with the misuse of this law:

  • Article 22 (1) of the Indian Constitution says an arrested person cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice.
  • According to Section 50 of the Criminal Procedure Code (CRPC), any person arrested has to be informed of the grounds of arrest and has the right to bail.

However, under National Security Act, none of these rights are available to the person detained. The government holds the right to conceal information which it considers to be against public interest to disclose.

 

Insta Curious: 

Know the History of Preventive detention laws in India,briefly 

 

Instalinks:

Prelims Link:

  1. Who can invoke NSA?
  2. Appeals against preventive detention?
  3. Right to be informed the reason for arrest under this?
  4. Applicability of Constitutional rights in this regard.
  5. The writs under the constitution.

Mains Link:

What is the National security act? Why is it termed as a draconian law? Discuss.

Sources: the Hindu.

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