Description

Disclaimer: Copyright infringement not intended.

Context:

Manipur Governor suggests the use of National Security Act (NSA) against miscreants in Manipur, stresses on employment opportunities for youth.

Details

A day after taking charge, Manipur Governor Ajay Kumar Bhalla held a security meeting. At that meeting, the governor suggested that the state police use statutory options such as the National Security Act of 1980.
The meeting highlighted ceasefire violations by the Pambei faction of the UNLF, a Meitei rebel group pushing for secession, despite a peace pact signed in November 2023.
Violence was reported in Yaingangpokpi, a buffer zone between the valley and the hills, where bunkers built by Kuki-Zo volunteers were dismantled by security forces.
Buffer zones were created in June 2023 to prevent clashes between the Meiteis (valleys) and Kuki-Zos (hills).
Intermittent firing between communities especially from bunkers at strategic locations has created tension.

About the National Security Act

Historical Background
Colonial Era Laws	Bengal Ordinance III (1818): Allowed arrests for criminal intent. Rowlatt Acts (1919): Authorized imprisonment without trial.
Post-Independence	Preventive Detention Act (1950): Expired in 1969. Maintenance of Internal Security Act (MISA, 1971): Repealed in 1977 by the Janata Party.
NSA Enactment	Promulgated on 23 September 1980 by Indira Gandhi, aligning it with MISA.
Constitutional Basis
Article 22(3)	Allows preventive detention for reasons of national security and public order.
Article 22(4)	Limits detention to more than three months only with the approval of an advisory board of High Court judges.
44th Amendment Act (1978)	Reduced detention without Advisory Board approval to two months, but this provision is not yet enforced.
Key Provisions of the NSA
Detention Period	Can be extended up to 12 months with new evidence.
No Formal Charges	Charges are not necessary during the detention period.
Permissible Grounds	Prevent disturbances to public order. Ensure essential supplies and services to the community.
Grounds for Detention
Section 3 Provisions	Detention permissible for preventing harm to: National defense Relations with foreign countries National security Public order Basic supplies and services
Without Charge Period	Detainees can be held for 10 days without being informed of charges.
Legal Process	Appeals can be made to an advisory board, but legal representation is not allowed during the trial.
Criticism of the NSA
Abuse of Power	Authorities are accused of using the NSA as an extrajudicial tool.
Human Rights Concerns	Detainees are often held without formal charges, raising issues of human rights violations.

Source:

THE HINDU

PRACTICE QUESTION

Q.Critically examine the provisions of the National Security Act and its implications on civil liberties and national security in India. (250 words)