Meaning of this Act
This National Security Act authorizes the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country. The person does not need to be charged during this period of the detention.
The National Security Act was introduced under India’s First Female Prime Minister, Indira Gandhi, on September 23, 1980. However, the framework of the law dates back to 1818, almost two-century ago. In 1818, Bengal Regulation Bill was enacted to empower the British Government to arrest anyone for maintenance of public order without giving the person resources to social proceedings.
How is it Draconian
Typically, if a person is arrested, then he/she has certain rights offered by the Indian Constitution. The persons have to be informed of the reason for the arrest. Under Section 50 of the Criminal Procedure Code (CrPC), the person arrested has to be informed. However, in the case of NSA, the persons can be held up to ten days without being informed of the reason.
Reason Of Controversy
As per Uttar Pardesh’s government order, the National Security Act (NSA) will be enacted on people who attack policemen enforcing the lockdown to prevent the spread of coronavirus, the government said on Friday(3-April). This step is taken because of reports or news of several incidents of attack on policemen enforcing the lockdown.
In one such incident in Muzaffar Nagar, a sub-inspector and a constable were seriously injured when a police team trying to enforce the ongoing lockdown was attacked by a group of villagers on 1st April.
The police team was patrolling the Morna village area in Muzaffar Nagar and had spotted the residents gathered outside. When the villagers were asked to follow the prohibitory orders, they started pelting stones at the police personnel while some of them even started attacking the officials with inroads.