Critical Analysis: National Security Act, 1980

‘Absolute power corrupts absolutely’

National Security Act (hereinafter referred to as NSA) is an enactment, which provides for preventive detention measures in certain circumstances. Preventive detention means detaining a person to prevent him from committing any crime. Recently because of the ongoing issues of CAA, provisions of NSA have been invoked by different State governments & that's why this controversial law again came into question.

HISTORY OF THE ACT

National Security Act was introduced by Indira Gandhi in 1980, however, in India, preventive detention laws can be traced back from the colonial period itself. Laws like Defence of India Act of 1958, etc., which were enacted during that time. Post-independence, these laws are continued, for example, Preventive Detention Act of 1950, Maintenance of Internal Security Act of 1971 etc. In fact the only period when Independent India has been without any preventive detention law was 3 years (Time period between repeal of MISA in 1977 to the enactment of NSA 1980).

GROUNDS FOR DETENTION

NSA applies to the whole of India. Section 3 of the Act empowers Central & State government to make detaining orders on the following grounds:

1. When the government is satisfied that a person will act in any manner which is prejudicial to (a) the defence of India, (b) relations of India with foreign powers or (c) the security of India.
2. for regulating the continued presence of any foreigner in India or for making arrangements for his expulsion from India.
3. For preventing any person from acting in a manner prejudicial to (a) security of the State, (b) public order, (c) supplies & services essential to community.

Further sub-section (3) of Section 3 authorizes the State Government to empower any District Magistrate or Police Commissioner to detain any person on the above grounds.

PROBLEMS WITH THE ACT

(No) basic rights

Under, Section 8 of NSA, provides that the person so detained shall be informed of the ground of detention within five days of arrest & in exceptional circumstances, a detainee can be denied of this right even for ten days. However, if this wasn't sufficient, the provision further provides that the authorities can deny disclosing such facts, which it thinks, are against the public interest to disclose.

Period of detention

Section 13 of NSA provides that a person can be detained for maximum period of 12 months without any formal charges being framed. Further, the government can revoke as well as modify the detention order.

Reasons for criticism

There's no doubt that the government has a broad scope of powers under the Act & that's why the chances of it being misused are certain.

Preventive detention laws are enacted for the sake of national security & public order but in reality most if the detentions are politically influenced.

Recently 3 Muslim men were detained under NSA in Madhya Pradesh & what was the reason? Cow slaughtering!

Another case which may be cited here is that of detention of Chandrashekhar Azad in 2017. As soon as government realised that the charges against him aren't sufficient to keep him in judicial custody, the order for his detention was given under NSA.

Who has the responsibility to show that such reasons really are in the interest of national security!

There have been many such instances, but the exact number of detentions made under NSA can't be determined as there are no such compilations available.

Also on 24th January 2020, SC has refused to entertain a petition filed by Advocate ML Mishra challenging the imposition of NSA in Delhi & empowering the police to detain any person under the said Act. It has announced that it can't stop the State from invoking the provisions of NSA, but if any individual case of abuse arises, it will surely entertain that.

CONCLUSION & SUGGESTIONS

Given the instant cases of unrest in our country, we infer that preventive detention laws are required to an extent. However, such laws can't be so vague that they give indefinite & uncontrolled powers to the authorities. In a democratic system, liberty of the individuals is of utmost importance & they can't be denied of this right arbitrarily. Laws should be framed in such a manner to increase the accountability of government. And instead of an extensive scope, such laws shall be tailored to cover only the cases which are a threat to national security.

[ Author Amit Kumar Verma is a 4th-year student of NLIU, Bhopal]