National Security Act (India)

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The National Security Act, 1980
Emblem of India.svg
An Act to provide for preventive detention in certain cases and for matters connected therewith.
Citation Act No. 65 of 1980
Territorial extent The whole of India except the State of Jammu and Kashmir.
Enacted by Parliament of India
Date assented to 27 December 1980
Date commenced 27 December 1980
Keywords
Central Government, State Government, detention order, foreigner

The National Security Act 1980 is an act of the Indian Parliament whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith."[1] The act extends to the whole of India except the State of Jammu and Kashmir. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country. The act was passed in 1980 during the Charan Singh Government.[2]

As per a 1993 report 72.3 percent of 3783 people under the law were later released due to lack of evidence.[3]

Detention[edit]

The maximum period of detention is 12 months. The order can also be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but the detention should be reported to the State Government along with the grounds on which the order has been made. No such order shall remain in force for more than twelve days unless approved by the State Government.[1]

Criticism[edit]

The National Security Act along with other laws allowing preventive detention have come under wide criticism for their alleged misuse. The act's constitutional validity even during peacetime has been described by some sections as an anachronism.[4]

References[edit]

  1. ^ a b "NSA, 1980". Home Ministry, Govt of India. Archived from the original on February 3, 2013. Retrieved 17 September 2013. 
  2. ^ "Dour farm leader of 76 named as India's fifth PM". Montreal Gazette. 27 July 1979. 
  3. ^ Ganguly, Sumit; Diamond, Larry; Plattner, Marc F. (13 August 2007). The State of India's Democracy. JHU Press. pp. 130–. ISBN 978-0-8018-8791-8. 
  4. ^ Preventive detention an anachronism