SYLLABUS

GS-3: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention.

Context:

Recently, Climate activist Sonam Wangchuk, at the forefront of the movement seeking statehood and protections under the Sixth Schedule for Ladakh, was detained under the National Security Act (NSA) in Leh.

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• The Centre had previously held Wangchuk responsible for instigating the violent protests that broke out in Leh. 
• The National Security Act (NSA) empowers governments to act pre-emptively against individuals seen as a threat to public order or national security.

Historical Background of NSA

Preventive detention in India began during colonial times to curb dissent in wars and continued after Independence with the Preventive Detention Act, 1950, followed by the Maintenance of Internal Security Act (MISA), 1971, which was widely misused during the Emergency (1975 to 1977) before being repealed in 1978.

• Preventive detention refers to the custody of a person based on the apprehension that he or she may engage in unlawful activity without following the regular legal procedure.

In 1980, the National Security Act (NSA) was enacted, allowing detention without trial for up to 12 months to protect public order, national security, and the maintenance of essential supplies, though its misuse has been a matter of concern.

National Security Act (NSA), 1980

• This Act empowers the Centre and the states to detain individuals to prevent actions prejudicial to the defence of India, relations with foreign powers, national security, public order or maintenance of essential supplies.
• This law allows District Magistrates and Police Commissioners to exercise these powers of detention when authorised by the government.
• This detention is preventive and not punitive as it seeks to stop an individual from committing an act rather than punish after the act.
• This Act permits detention for up to 12 months, though it can be revoked earlier, and requires that the grounds of detention must be communicated to the detainee within 5 days and at most 15 days.
• This law mandates a review by an Advisory Board of High Court judges within 3 weeks to determine if sufficient cause exists for detention.
• Detention cannot ordinarily exceed 12 months, though it may be revoked earlier.
• This Act provides that the detainee can challenge the detention order by filing a representation to the government, but detainee has no right to legal representation before the Advisory Board.

Sixth Schedule 

• Article 244(2) empowers the President of India to apply provisions of the Sixth Schedule to these tribal areas and to make regulations for peace and good governance in these regions.
• The Sixth Schedule of the Indian Constitution focuses on the governance of tribal regions in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
• It establishes Autonomous District Councils (ADCs) in these regions, giving them extensive powers over local administration, legislation, and management of resources.

Source:
Indian Express
Economic Time
The Hindu