The National Security Act,1980 came into force on 23 September,1980 by the Indian Parliament. The acts main objective is to provide preventive detention in certain cases and for the matters connected there with. This act empowers central and state government to detain an individual person to prevent from acting in such a manner harmful for the security of India. It also helps in maintaining the relations with the foreign countries , public order and goods and services which are necessary for our society . This act also detains a foreigner to regulate his presence or expel from the country . The national Security Act applies to whole territories of India except the state of Jammu and Kashmir .
Person can be detained for 12 month without any charges and can be held for 10 days without telling the charges against him . The detained person can Appeal in High Court but doesn’t get a lawyer or the trial . India’s security law framework contains various laws . Preventive detention act , Armed Forces ( Special powers act) , Unlawful activities ( prevention) act , National Security Act , terrorist and disruptive activities ( prevention) Act and prevention of Terrorism Act are few of them .
The Defence of India act , 1915 was the first act to provide power to the State to detain a citizen from committing any activity which is against the security of India . This act was amended at the time of first World War And the National Security Act is not the first act of its own kind that has been enacted in India for security reasons.
One of the features of Rowlatt Bills is that it empowers the state to detain a citizen without providing any rights to go to the courts and even to take the assistance of a lawyer . The Government of India act, 1985 provide power for detention of any person by the state for having connections with the defence or any other external affairs by that person . Article 22 of the constitution of India provides for the schemes under which preventive detention law should be used .
How is it Draconian
Whenever a person is been arrested , he or she has certain rights that they can enjoy provided by the Constitution of India . whenever a person has been arrested for some crime he or she has to be informed the reason for their arrest which has been Guaranteed by the section 50 of the Code of Criminal Procedure . .
Similarly, section 56 and 76 of the Code of Criminal Procedure guarantees that the detained person who has been arrested for some crime must be produced before a court within 24 hours of arrest . But in the case of national Security Act , where a person has been detained can be held up to 10 days without even informing the reason.
Also article 22(1) of the Constitution of India Guarantees that the detainee can have legal advice from a lawyer. However, in case of threat to national security of India all of these above mentioned basic rights guaranteed by our constitution of India are not been provided to these suspects . There is no legal data available by the National Crime Records Bureau for the number of people who have been booked under this act.
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