Detention of Sonam Wangchuk under the National Security Act (NSA)

Sonam Wangchuk, a climate activist, has been detained under the stringent National Security Act (NSA) by the police in Leh. He is currently held in Jodhpur jail, with the government holding him responsible for instigating violent protests in Leh, which resulted in casualties and injuries.

Background of the NSA

The NSA is one of India's most stringent preventive detention laws, designed to act pre-emptively against individuals perceived as threats to public order or national security. It has been used historically against separatists, gangsters, and radical preachers.

Historical Perspective

• The concept of preventive detention in India dates back to colonial times.
• Post-independence, the Preventive Detention Act, 1950 and the Maintenance of Internal Security Act (MISA), 1971 were enacted.
• MISA was repealed in 1978, leading to the enactment of the NSA in 1980.

Provisions of the NSA

• The NSA allows the Centre and states to detain individuals to prevent actions prejudicial to India’s defense, foreign relations, security, or public order.
• District Magistrates and Police Commissioners can also exercise these powers when authorized.
• Detention is preventive rather than punitive, aiming to stop potential harmful acts.

Procedural Safeguards and Limitations

• The grounds for detention must be communicated within five days, with a maximum of 15 days.
• A detainee has the right to representation to the government and the case must be reviewed by an Advisory Board within 3 weeks.
• Detention cannot exceed 12 months unless revoked earlier.
• There is no right to legal representation before the Advisory Board, and the government can withhold facts in "public interest."

Recent Cases and Criticism

• The NSA has been used in high-profile cases, including against radical Sikh preacher Amritpal Singh in 2023 and Bhim Army chief Chandrashekhar Azad in 2017.
• Civil liberties groups and courts have flagged potential misuse, with instances like Dr. Kafeel Khan's detention in 2020.
• Critics argue the NSA is a blunt instrument open to misuse, as seen in cases like "Love Jihad" and cow slaughter accusations.

Legal Recourse

• Wangchuk can challenge the detention by filing a representation or waiting for the Advisory Board's review.
• He may move to the High Court or Supreme Court under writ jurisdiction to contest the detention's legality.