National Security Act (NSA)

Context: The Ladakh administration has justified the detention of climate activist Sonam Wangchuk under the National Security Act (NSA).

National Security Act (NSA) of 1980 

• It allows preventive detention to protect national security, public order, and essential services.
• It is a powerful tool that limits individual liberty and must be exercised sparingly and lawfully, ensuring due process and rights protection.

Key features: 

• Grounds for Detention: NSA can be invoked if a person’s actions threaten national defense, foreign relations, state security, communal harmony, or involve smuggling/disruption of essential services.
• Procedure: Detention orders can be issued by the Central or State Government based on subjective satisfaction.
  • The detained person must be informed of the reasons, and an Advisory Board must be formed within 3 weeks to review the case.
• Period of Detention: Initially up to 12 months, extendable in blocks not exceeding 12 months, with government approval.
• Safeguards: The detainee has the right to legal representation and to make a representation before the Advisory Board.
  • The government must consider the Board’s recommendation and can revoke or modify the order.
• Judicial Review: The detention can be challenged in High Court through a habeas corpus petition if found unlawful.