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National Security Act 1980

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Know More About What is the National Security Act

Ensuring the safety and security of the country is one of the prime focuses of the Indian government. That is why the existence of the National Security Act or more popularly known as Rakusa was established on 23rd September in 1980. Now, what is the National Security Act? This is an act that came into existence during the government of Indira Gandhi. According to this law, the central and state government is allowed to detain any particular person who has the potential to become a threat to the security of the nation. Under this particular act of National Security, the government of India has the authority to keep than person who is a suspect in jail for about 12 months even though there might be no charge. 


What is NSA Act? 

Quite recently, the National Security Act that was established in the year 1980 or Rakusa is being imposed in different cases concerning the various states of the country. Most offenders towards the security of India are being arrested under this particular law. Some of the most common causes of the National Security Act being implemented can be seen during the corona times. 

People attacking warriors of corona such as housekeeping, medical staff, doctors are being arrested due to their harmful activities. Hence, it is important for people to know more about the National Security Act. If you need an answer to a question like what did the National Security act do, this is the best way to find out. In this article, we are going to talk about the Rakusa Act and when it can be imposed by the government of India, and under what conditions. 

Important Details About the National Security Act of 1980 

During the time when Indira Gandhi was responsible for the government of India, there was a new law was introduced in order to ensure the safeguarding of the country. This law further came to be known as the National Security Act, 1980, or the Rakusa Act. 

The main focus of the National Security Act is to empower the state government as well as the central government so that they can properly ensure the safety of the country. Under this act, the government is allowed to arrest and detain any person and prevent them from engaging in any activities that might threaten the security and welfare of the country. 

This law also dictates that people who try to harm the relationships of India with other foreign countries will also be deemed suitable for punishment. Apart from that, obstructing the prosperity and maintenance of several essential services for the community can also be seen as a threat to the country. In these circumstances, the person arrested might be kept in the custody of police and even in jail for about 12 months in total. This can be considered as one of the most critical and vital provisions of the entire Act. For those who want to know what is the National Security Act, mentioned below are some points from the act that will answer their questions in the best way. 


Several Provisions of the National Security Act 

  • In case there is someone who doesn’t have faith in the law and the rules mandated by the government, is responsible for harming the relations that India has with some of the other foreign countries in the world, disrupts the supply and maintenance of certain public services, attacks the police personnel that is currently on duty, and proves to be a threat to the security of India, they will be arrested by their concerned state or central government under the National Security Act or Rakusa. It has been seen quite recently that state governments of places such as Uttar Pradesh and Madhya Pradesh have imposed this law and registered certain FIRs against the anti-social threat elements that have been predominant in those areas. 

  • As far as the National Security Act of 1980 is concerned, the officers of the state and central government have the authority and permission to keep the suspected person for 5 days without actually assigning any particular reason for the arrest. There are some cases where the circumstances are special, and in that case, the arrest period can be extended up to about 12 days. When this time period is completed, the officer needs to have written permission from the government of that particular state in order to extend the detention of the suspect in jail. 

  • The person who has been arrested will not be entitled to any aid from legal practitioners and lawyers who are in close connection to the case. They are only allowed to have some help from the practitioners after the entire process of the advisory board is over. This is to ensure that the government is easily able to deal with the problems associated with the different NSA cases for sure. 

  • In certain cases, it is seen that the activities of foreigners tend to affect the country. In those cases, the central government has the authority and power to expel or arrest all the foreigners that are engaging in these affairs for sure. 

  • There are so many people who have been completely booked under this particular Rakusa or the National Security Act. In the present time, most people are being arrested for transferring the Corona germs from one to another. Also, misbehaving towards several doctors in different states can be considered as a wrongdoing in the case of the National Security Act 1980.


Scenarios of Imprisonment Under NSA

It is a given that according to NSA or the National Security Act, the concerned government of any particular state or region will be able to keep the suspect under custody for about 12 months without an actual charge. However, there are some special cases when this particular period can be increased as well. In case the government is able to find some concrete evidence against the suspect, the jail term can be extended.

In case the suspect is arrested by an officer of the law, they need to give an explanation to the concerned government in that particular state. Before getting permission from the concerned government of the state, an officer of the law will only be able to keep a suspect in jail without a charge for about 12 days and no more. After that, the officer needs to provide a particular reason for imprisoning the suspect. 

Another one of the main things that you need to keep in mind about the NSA act is that the arrest order can properly be issued by the Commissioner of Police, District Magistrate, or someone of the same stature in the government of India. 

Here is a less-known fact about the National Security Act. Recently, under Rakusa or the National Security Act, the government arrested Chandrashekhar Ravana, who founded the Bhim Army. The suspect was kept in police custody while the case went on. However, after the completion of 12 months, he was released. 


Criticism Regarding the National Security Act (Rakusa)

After learning what did the national security act do, it is now time to see whether people regard this law as an important one or not. One very important thing to know about the NSA is that there are not many records for reports being registered under this particular law in the National Crime Records Bureau. That is because of the fact that there might not be many people who consider this law to be appropriate. Hence, there is definitely not much information regarding the number of people who were arrested.

While the National Security Act does have the best interest of the country, there are certain aspects that are not quite sitting well with people. For example, the fact that the government is able to arrest potential suspects without any official charge can be considered unfair. 

FAQs on National Security Act 1980

1. What is the National Security Act? 

Ans. One of the most common questions asked by people is what is NSA act? Well, it is one of the laws that have been passed by the Indian government to ensure the safety and welfare of the country in the best way. According to this law, the state, as well as the central government, have the authority to make an arrest in case they see someone being a threat to society as well as the nation. The National Security Act first came to being in the year 1980 and during the government of Indira Gandhi. Quite recently, the Act has been gaining a lot of attention due to its major use in different states. 

2. Are There Any Criticisms of the NSA?

Ans. When it comes to the National Security Act, it can be said that this act is in complete service to the nation. To ensure that the country remains safe and protected from outside threats, this type of law is essential. However, the National Security Act is also gaining a lot of criticism as well. First of all, the ability of the law officers and the government to arrest a particular person without any particular charge doesn’t seem like the fair thing in the first place. Also, the police officers are able to keep the suspect for quite a few days without actually citing a proper reason. This kind of power can often be misused. Hence, the NSA tends to face a lot of criticism.