What is the National Security Act: All you need to know

The National Security Act is a stringent law that allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order.

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Under the National Security Act, an individual can be detained without a charge for up to 12 months. (Image for representation)

The National Security Act is in the news again. The act, which pertains to preventive detention, was invoked by the Kamal Nath government in Madhya Pradesh against three individuals. The grave crime they committed? Alleged cow slaughter. The government has drawn criticism from all quarters for its high-handedness in the case. While the instance maybe much 'amoo' about nothing, what exactly is the National Security Act?

To put it simply, the National Security Act is a stringent law that allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order. The person does not need to be charged during this period of detention. The goal is to prevent the individual from committing a crime.

The National Security Act was promulgated on September 23, 1980, during the Indira Gandhi government and its purpose is "to provide for preventive detention in certain cases and for matters connected therewith". It applies to the entirety of India, except Jammu and Kashmir. As per the National Security Act, the grounds for preventive detention of a person include: A. acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India.

B. regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.

C.preventing them from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do. Under the National Security Act, an individual can be detained without a charge for up to 12 months; the state government needs to be intimated that a person has been detained under the NSA. A person detained under the National Security Act can be held for 10 days without being told the charges against them. The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial. The National Security Act became a major talking point when Bhim Army chief Chandrashekhar Azad was detained under the NSA for 15 months as well as when a Manipur journalist Kishorechandra Wangkhem, was booked under the NSA over videos criticising CM N Biren Singh. The NSA has repeatedly come under criticism for the way it is used by the police. In January 2018, the Uttar Pradesh government released a report saying that it had detained 160 people under the National Security Act within a year of Yogi Adityanath becoming chief minister. As per a Law Commission report from 2001, more than 14 lakh people (14,57,779) were held under preventive laws in India.