Executive Summary:
This document is the response to Lok Sabha Unstarred Question No. 2079 regarding the misuse of security laws in India. It addresses concerns about the application of the National Security Act (NSA), the Unlawful Activities Prevention Act (UAPA), and the Public Safety Act (PSA) against certain groups. The response clarifies the provisions and safeguards within these laws.
Key Points / Main Content:
National Security Act (NSA), 1980:
* Allows preventive detention by Central and State Governments to prevent acts prejudicial to national defense, security, public order, and essential services.
* The maximum detention period under the NSA is twelve months from the date of detention.
Jammu and Kashmir Public Safety Act (PSA), 1978:
* Provides for preventive detention in certain cases, requiring reasonable and material grounds.
* Includes adequate safeguards for review.
Unlawful Activities Prevention Act (UAPA), 1967:
* Serves as the primary legal framework for addressing terrorism and unlawful activities.
* Empowers law enforcement to investigate and prosecute individuals and organizations involved in or supporting terrorism.
* Requires prior sanction from the Central or State Government under Section 45 before a court can take cognizance of any offence.
* Conviction depends on the judicial process, trial duration, evidence appraisal, and witness examination.
Data Maintenance:
* Data relating to the number of persons presently detained under the NSA, 1980 and the Public Safety Act PSA, 1978 is not centrally maintained.
* The National Crime Records Bureau (NCRB) compiles and publishes crime data reported by States and Union Territories in its annual "Crime in India" publication.
Impact Analysis:
Central and State Governments:
* Impact: Empowered to make orders for detaining certain persons under NSA and PSA. Sanction is required before a court can take cognizance of any offense under UAPA.
* Action Required: Ensure detentions are based on reasonable grounds and adhere to the safeguards provided in the respective acts.
Law Enforcement Agencies:
* Impact: Empowered to investigate and prosecute individuals and organizations involved in terrorism and unlawful activities under UAPA.
* Action Required: Enforce UAPA in accordance with its provisions, ensuring investigations and prosecutions are conducted within the legal framework.
Judiciary:
* Impact: Responsible for the judicial process, trial duration, evidence appraisal, and witness examination in UAPA cases.
* Action Required: Adjudicate cases under NSA, PSA and UAPA based on evidence and legal provisions, ensuring fair trial and due process.
National Crime Records Bureau (NCRB):
* Impact: Responsible for compiling and publishing crime data reported by States and Union Territories.
* Action Required: Continue to compile and publish crime data accurately in the "Crime in India" publication.
Key Entities Referenced
National Security Act: A preventive detention law in India that allows detention for reasons of national security, public order, and essential supplies maintenance. Also referred to as NSA.
Unlawful Activities Prevention Act: The primary counter-terrorism law in India, designed to prevent unlawful activities and safeguard national security. Also referred to as UAPA.
Public Safety Act: A preventive detention law, specifically the Jammu and Kashmir Public Safety Act, which allows detention in certain cases. Also referred to as PSA.
SHRI KULDEEP INDORA: Member of LOK SABHA who raised a question about the misuse of security laws.
SHRI ARJUN RAM MEGHWAL: Minister of State in the Ministry of Law and Justice; and Minister of State in the Ministry of Parliamentary Affairs
Ministry of Home Affairs: The ministry providing information regarding the National Security Act.
Jammu and Kashmir: Union Territory in India where the Public Safety Act (PSA) is applicable.
National Crime Records Bureau: Indian government agency responsible for collecting and analyzing crime data. Also referred to as NCRB.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOK SABHA
UNSTARRED QUESTION NO. 2079
TO BE ANSWERED ON FRIDAY, THE 1ST AUGUST, 2025
Misuse of Security Laws
2079. SHRI KULDEEP INDORA:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether it is fact that draconian laws like National Security Act (NSA),
Unlawful Activities Prevention Act (UAPA) and Public Safety Act (PSA) are
being used nowadays against students journalists, social activists and peaceful
protesters resulting in question about the judicial system of the country;
(b) whether many people are kept in jail for years without trial under these laws
thereby affecting the right to liberty and fair trial guaranteed by the
Constitution;
(c) if so, the number of the persons presently languishing in various jails without
conviction under these laws; and
(d) whether the Government proposes to formulate any concrete policy or
guidelines to review these laws from time to time and use them only in very
serious cases?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE
MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN
THE MINISTRY OF PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) to (d): As per the information provided by the Ministry of Home Affairs, the
National Security Act (NSA), 1980 provides for preventive detention in certain cases
1and empowers the Central Government and the State Governments to make orders
for detaining certain persons if satisfied that such detention is necessary for
preventing acts prejudicial to the defence of India, the security of India, the security
of the State, the maintenance of public order or the maintenance of supplies and
services essential to the community.
The Jammu and Kashmir Public Safety Act (PSA), 1978 provides for
preventive detention in certain cases. Every detention is required to be based on
reasonable and material grounds in accordance with the provisions of the said Act.
There are adequate safeguards provided under the said Act for review.
Further, the Unlawful Activities (Prevention) Act (UAPA), 1967 is the
principal legal regime in the country to deal with cases relating to terrorism and
unlawful activities and is primarily required to safeguard the sovereignty, security
and integrity of the nation. It empowers law enforcement agencies to investigate and
prosecute individuals and organizations involved in or supporting terrorism and
unlawful activities. Under Section 45 of the Act, no court can take cognizance of
any offence without the previous sanction of the Central or State Government, as the
case may be.
The maximum period of detention under the NSA, 1980 is twelve months
from the date of detention. In respect of UAPA cases, conviction is an outcome of
2the judicial process which depends on factors such as the duration of the trial,
appraisal of evidence and examination of witnesses.
Data relating to the number of persons presently detained under the NSA,
1980 and the Public Safety Act (PSA), 1978 is not centrally maintained.
Furthermore, the National Crime Records Bureau (NCRB) compiles data on crime
as reported by the States and Union Territories and publishes the same in its annual
publication Crime in India.
*****
3