GS 2: PolityGS 3: Internal SecurityPrelims

What is NSA, under which Sonam Wangchuk was detained, Pg23.

Climate activist Sonam Wangchuk's detention under NSA spotlights the stringent preventive detention law and its controversial history of misuse.

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Key Highlights:

  • Climate activist Sonam Wangchuk was recently detained under the National Security Act (NSA).
  • The NSA of 1980 allows preventive detention to stop individuals from acting prejudicially to national security or public order.
  • An Advisory Board of High Court judges must review the detention within three weeks.
  • Detention under NSA cannot ordinarily exceed 12 months.

Detailed Insights:

  • The NSA empowers both the Central and state governments to detain individuals preemptively.
  • The act's stated purpose is to address threats to security, law and order, and essential supplies.
  • Detainees can challenge the order, await the Advisory Board's review, or move the High Court or Supreme Court.
  • The detainee does not have the right to legal representation before the Advisory Board.
  • The NSA has been used against individuals involved in separatist movements, communal violence, and cow slaughter cases.
  • Courts have flagged the misuse of NSA, highlighting instances where detentions were deemed unjustified.

Key Concepts Involved:

  • Preventive Detention: Holding someone in custody without trial to prevent future crimes or disturbances.
  • National Security Act (NSA): Indian law allowing detention without charge to maintain national security.
  • Advisory Board: A panel of High Court judges that reviews NSA detentions for legal validity.
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