NATIONAL SECURITY ACT(NSA) 1980
It is a preventive detention law involves detainment of a person in order to keep him/her from committing future crimes and from future prosecution. As article 22(3) of the constitution allows for preventive detention and restriction on personal liberty.
Under NSA Act , a person can not be detained for more than three months in one instance as article 22(4) states that no law providing preventive detention shall authorise a detention for more than three months unless advisory board reports sufficient cause to extend detention. 44th Amendment reduces the period from three months to two months but not enforced yet so provision of two months still continues.
HISTORY :
In colonial era, there was also a similar form of act like NSA that was Bengal Regulation III of 1818 empowered the government to detain any person without trial and proceedings .Later on British government also passed Rowlatt Act 1919 which was also a preventive detention .
Post independence , Jawaharlal Nehru government enacted Preventive Detention Act 1950 which got expired in 1969. Then in 1980 again the similar form of act enacted National Security Act which is a close iteration of 1950.
TOOL OF THE GOVERNMENT :
NSA empowers both union and state government to impose the act in the concern of internal security and crimes. and also empowers higher officials such as District magistrate and commissioner of police to deal with the act. Although the maximum period of detention is twelve months after the extension by the advisory board but the government can increase if it finds the fresh evidence . Government can charge both Indians and foreign nationals under the act.
NO BASIC RIGHTS :
- The right to be informed of the reason for arrest (provided under section 50 of criminal procedure code – Cr.PC).
- It also curbs section 56 and 76 of the Cr.PC which says that a person has to be produced before court within 24 hours of arrest .
Deny of the right to consult and to be defended by a legal practitioner of his/her choice which is provided under article 22(1) of the constitution.
CRITICISM :
- No record of detention under NSA Act in National Crime Records Bureau (NCRB) data which maintain the crime data of the country as no FIR registered in NSA Act.
- Government can use the act against questionable offences that is why sometimes it is considered as extra judicial power of the government .
UNLAWFUL ACTIVITIES PREVENTION ACT (UAPA) 1967
Here unlawful activities refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of the country.
PROVISION UNDER UAPA 1967 ACT :
- It assigns absolute power to the central government by which it may declare UAPA by the way of an official gazette .
- It has a death penalty and life imprisonment .
- Both Indians and foreign nationals can be charged does not matter if the crime has taken place outside India.
- 2004 Amendment added “Terrorist Acts” to the list of offences.
In august parliament cleared the unlawful activities (prevention) bill , 2019 to designate individuals as terrorist on certain grounds provided under the act.
REFERENCES :
- The Hindu
- Drishti IAS
-SURYA PRATAP SINGH