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WHAT IS A NATIONAL SECURITY ACT,1980 (NSA OR RASUKA)..?

NATIONAL SECURITY ACT,1980
(NSA OR RASUKA)
                 INTRODUCTION
The background of this law when Indira Gandhi government came to power again 
in the year 1980. The National Security Act was promulgated on September 23, 
1980,Later on December 27, 1980, it was known as the National Security Act 1980 
or RASUKA with the approval of the Former President Neelam Sanjiva Reddy. 
Under the 3-month arrest law, the first person was arrested for three months. 
So, the period of arrest can be extended for 3-3 months as required. After the 
arrest, the officer has to tell the state government on what basis the arrest has 
been made. Under Rasuka or the NSA, any suspect can be jailed for up to 12 
months without charge. The person detained can only appeal to the High Board 
advisory board. During the trial, the person engaged in the Rasuka does not getthe permission of the lawyer.

WHAT IS NATIONAL SECURITY LAW (NSA)?
The National Security Act-1980 is a law relating to giving more power to the 
government for the security of the country. This law empowers the central 
and state government to detain any suspected citizen who is violating the law.
 OR
The National security Act, empowers the Central Government and State 
Governments to detain a person to prevent him/her from acting in any manner 
against the welfare and security of the country, damaging the Indian relations 
with foreign countries, obstructing the maintenance and supply of essential 
services to the community.
WHEN CIVILIANS CAN BE CAUGHT UNDER NSA,1980?

1. If the government feels that a person is preventing them from doing the 
tasks that ensure the security of the country, then they can be detained.
2. If the government feels that a person is obstructing it in running the law 
and order, It can order to take him into custody. 
3. This law can also be used by the District Magistrate, Commissioner of 
Police, State Government within its limited scope.

PUNISHMENT UNDER NSA,1980

1. According to sec 13 Under the National Security Act-1980 (NSA), any 
suspect can be kept in jail for 12 months without any charge. The state 
government is required to inform that a person has been detained 
under the NSA. It is discretion of Government to give some liberty. 
However according to Section 167 of CrPC maximum period is 90 days 
for custody of a suspected person.
2. According to sec 8 Under the National Security Act, a person detained 
can be kept for 10 days without framing charges against them. Then 
within 15 days of his detention, he can be told on which grounds he is 
arrested. The detained person can appeal before the Advisory Board of 
the High Court but he is not allowed to have a lawyer during the trial.

OTHER PROVISIONS OF RASUKA/NSA

1. This Act calls upon the Central Government and the State Governments 
to arrest a person who harm a security of India, injure India's relations 
with foreign countries, disrupt the maintenance or supply of public 
order, attack a policeman on duty. Recently there have been some 
arrests in this case in Madhya Pradesh.
2. Under the NSA, the officer concerned has the power to keep the suspect 
in captivity for 5 days without assigning any reason while in special 
circumstances this period can be up to 10 days. After this, he needs the 
permission of the state government.
3. Under the NSA, an arrested person can appeal to an advisory board set 
up by the government but is not entitled to seek the assistance of alawyer during the trial.
4. This law also empowers the government to arrest or expel a foreigner to control his activity.
5. There is a provision in the law: The High Court said that Section 14 of 
the National Security Act 1980 provides that the concerned accused 
should be informed that he can apply to the State Government and the 
Central Government against the action taken against him. This is 
because the Central Government and the State Government have the 
right to reject the action of Rasuka. 
The High Court said that in the said case, in the Rasuka order the other 
documents, the accused were only told that they could apply before the 
state government, but were not informed about the application before 
the central government. Therefore arrest of accused is illegal.  
The Supreme  Court also ruled in the Central Government case against 
Kamlesh Kumar and Ishwar Prasad Patel and said that the rights of the 
accused of Rasuka should be appealed to the Central and State Government.

WHAT IS THE COMPLETE PROCESS OF RASUKA
1. Under Rasuka, anyone can be arrested for the first 3 months.
2. One time arrest can only be for three months.
3. After this, the period of arrest can be extended by three months.
4. After the arrest, the officer has to tell the state government on what basis he is 
arrested.
5. Until the arrest is approved (approval) from the state government, the arrestcan only be up to 12 days.6. If the officer files an answer in 5 to 10 days, the period of arrest can be 
increased to 15 days from 12 to the approval of the government.
7. Example-Bhima Army Chief Was Hit By Rasuka-Under the National Security Act 
(NSA), Bhim Army Chief Chandrashekhar was kept in jail for several months. At 
the same time, Manipur journalist Kishorechandra Wangkhem was kept in jail under this law.
 He was arrested in November 2018 for criticizing the government on social media. He had been in jail for 133 days.

CM YOGI STRICT ON DEPOSITS, RASUKA WILL BE AGAINST THOSE WHO INDULGE IN INDECENCY WITH NURSES

CM Yogi took action and said- The order has been issued by the state 
government, now those who attack the policemen will be imposed by the 
National Security Act (NSA). Taking seriously the obscene act with nurses in 
Ghaziabad, Yogi Sarkar said, "They will not obey the law, nor will they obey 
the system, they are enemies of humanity, which they have done to women 
health workers, it is heinous crime, Rasuka (NSA) is being imposed on them, 
we will not leave them. 

PROCEEDINGS OF RASUKA ON THOSE WHO ATTACKED THE MEDICAL INVESTIGATION TEAM IN INDORE 

Under the National Security Act (NSA) or Rasuka, It gives the authority to 
detain a person for months which the administration feels a threat to nationalsecurity law and order. The National Security Act 1980 is a law to give more power to the government for the protection of the country. This law gives the government the power to arrest any suspect. If the government feels that a 
person is preventing him from doing the work that ensures the security of the 
country, then the person can arrest him. This law can also be used by the 
District Officer, Commissioner of Police, State Government within its limited 
scope. If the government feels that a person is living in the country without 
any meaning and needs to be arrested, then the government can also arrest 
him.

CRITICISM OF NATIONAL SECURITY ACT
The National Crime Records Bureau (NCRB) does not include cases under the 
NSA in its data. As very small number of FIRs are registered under this law. 
Therefore, the number of people arrested under the NSA is not accurate.
Since even in this law, a suspect can be arrested without giving any reason 
and it is not allowed to keep his lawyer for some time, so this law is also 
compared with the Rowlatt Act of the British. According to many experts, thestate government has also used NSA as 'Extra Judicial Power'.

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