National Security Act,1980
It is an Act which was passed by Government of India in 1980 by Indira Gandhi Government to empower the government to detain a person, if the authorities are satisfied that he/she is threat to National Security to prevent them for disrupting public order.
HISTORICAL BACKGROUND-
* In 1818, Bengal Regulation III was enacted to empower the British government to arrest anyone for maintenance of public order without giving the person recourse to judicial proceedings.
* In 1919, the Rowlatt Act allowed confinement without a trial. The Jallianwalla Bagh tragedy was a direct result of the protest against these Rowlatt Act.
KEY POINTS-
* The act extends to the whole of India.
* States or Centre can detain a people from acting in manner prejudicial to India's security.
* A person can also be detained if he/she is threat to India's relation with foreign Country.
* The Act is also used to maintain public order or in the maintenance of supplies and services essential to the community.
* It empowers the government to detain foreigners and regulate his/her presence or expel him/her from India.
* A person can be detained for up to 12 months without a charge. 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.
MORE ABOUT NSA-
It is an Act which was passed by Government of India in 1980 by Indira Gandhi Government to empower the government to detain a person, if the authorities are satisfied that he/she is threat to National Security to prevent them for disrupting public order.
HISTORICAL BACKGROUND-
* In 1818, Bengal Regulation III was enacted to empower the British government to arrest anyone for maintenance of public order without giving the person recourse to judicial proceedings.
* In 1919, the Rowlatt Act allowed confinement without a trial. The Jallianwalla Bagh tragedy was a direct result of the protest against these Rowlatt Act.
*Post-independence, Indira Gandhi introduced the controversial Maintenance of Internal Security Act (MISA) in 1971, which was similar to the Rowlatt Act. It was repealed in 1977, and eventually the National Security Act (NSA) 1980 was promulgated.
KEY POINTS-
* The act extends to the whole of India.
* States or Centre can detain a people from acting in manner prejudicial to India's security.
* A person can also be detained if he/she is threat to India's relation with foreign Country.
* The Act is also used to maintain public order or in the maintenance of supplies and services essential to the community.
* It empowers the government to detain foreigners and regulate his/her presence or expel him/her from India.
* A person can be detained for up to 12 months without a charge. 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.
MORE ABOUT NSA-
* According to Article 22 (1) of the Indian Constitution 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.
*The detained person is not entitled to any legal aid.
The National Crime Records Bureau (NCRB), which collects crime data in India, also does not include cases under the NSA as no FIRs are registered.