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Written by: Aparna Nair
INTRODUCTION
Post- Independence we were drafting the Indian Constitution so that we can protect as well as secure the rights of the Indian citizens. We were making one such powerful law which was detaining the rights of the citizens, the Preventive Detention Act (1950-1969). This law was created by the British in the post-independence era when India was facing a large scale of communal violence due to partition, displacement, and internal disturbance. We have a series of laws that were introduced with the main objective of safeguarding national security as well as national interest, but the majority of these laws have unchecked and unregulated powers. And sometimes due to this, the rights of the citizens were negatively affected.
NATIONAL SECURITY LAWS
● PREVENTIVE DETENTION ACT (1950-1969):
One such powerful law was detaining the rights of the citizens, the Preventive Detention Act (1950-1969). This law was created by the British post-independence. India was facing a large scale of communal violence due to partition, displacement, and internal disturbance. It authorizes the Government to detain individuals for one year. This act lapsed in 1969.
● MAINTENANCE OF INTERNAL SECURITY ACT (1971-1977): [1]
To impose more restrictions on those people who are restrained. During the emergency in 1975, many people were restrained from their trial rights and were not given any safeguards, and were detained. During the National Emergency, whoever was coming against the government, whether it is the opposition party or the civil society group, all were punished under this act. This Act was misused mostly at the time of emergency by the Government. In 1977, this Act was banished with the National Emergency.
● ARMED FORCES SPECIAL POWERS ACT (1958-NOW): [2]
In 1957-58 there was immense violence in Nagaland due to the Separatist Movement, and it was out of control for the State Government. To reduce violence in the North-Eastern states, this act was enforced which gives power to the armed forces to maintain public orders in a disturbed area. This act was different because Section 3 of this act gives this right that any area can be declared as a disturbed area by the government, and then the armed forces get Special Forces.
● NATIONAL SECURITY ACT (1980- NOW): [3]
This act gives powers to the state/central government that the government can detain any person who tries to destroy the security. The maximum confinement under this act is 12 months, and if the government gets fresh/new evidence then this period of confinement can be increased. The basic rights of the right to be informed as well as no legal aid will be provided to people being arrested under this act. The main disadvantage of this act is that there is no data available to disclose how many people are arrested under this act.
● TERRORISTS AND DISRUPTIVE ACTIVITIES ACT (1985-1995): [4]
This was introduced to control separatist activities as well as terrorist activities in Punjab. This act was very powerful and was overriding the constitution as well as the Criminal Procedure Code (CrPC). It introduced new offences, increased the power of police officers as well as reduced the powers of the arrested person. It also included that the confession made before a police officer would be made admissible in court. This resulted in a larger rate of abuse of the arrested person as well as misuse of this Act. This Act's sunset clause was used, and this act lapsed in the year 1995. Under this act, around 70,000 people were arrested.
● PREVENTION OF TERRORISM ACT (2001-2004): [5]
Due to these events like Kandahar Attack in 1999, World Trade Centre Attack in 2001, and the Indian Parliament Attack in 2001. All these events are a result of the terrorist attacks. And these events resulted in the strengthening of Anti-Terrorism laws in India.
Under this act, a person can be detained for 6 months. This was similar to the Terrorists and Disruptive Activities Act, and therefore, misuse of this law by some political parties led to lapsing of this.
TYPES OF SECURITIES PROVIDED IN INDIA
Sometimes ministers, industrialists, or any high-profile people require different types of security. In India all these arrangements are managed by National Security Guard (NSG), Indo-Tibetan Border Police (ITBP), Central Reserve Police Force (CRPF), and Central Industrial Security Force (CISF), and by other police officers. Which person should get provided, which level of security and what else should be present in it; all these guidelines are present in 2 places, first is “Blue Book”, here security guidelines related to the president, vice president, and the prime minister are mentioned. The second one is the “Yellow Book”, where security guidelines for other VIPs and political people are mentioned.
Who is required to which level of security is decided by the Ministry of Home Affairs with the help of different intelligence agencies, and the state government also has its different criteria for the same.
At present, if we talk about only the central government list, 230, such people are provided different types of security. This list is even increased/decreased according to the emergency, this is only the central government's list, and the state government has its list.
So there are six levels of security cover – X, Y, Y+, Z, Z+, and SPG:
(1) SPG SECURITY (special protection group):
This is an elite force that provides security only to PM.
What should be the budget for this security?
So in the budget for the year 2020,592 crore rupees have been allocated for SPG security, out of which 145 crores have s to be spent on modern security equipment and infrastructure. Till 1981, India’s PM’s security was under Delhi Police and the special task force of the intelligence bureau. But after the assassination of PM Indira Gandhi in 1984, for the strengthening of the security ‘Birbal Nath Committee. By the recommendation of the committee in April 1985, this special protection group was made.
(2) Z+ Security:
55 security personnel look after all the arrangements, there are only 10 NSG commandos included in this 55 personnel. According to March 2021, the central list of almost 40 VIPs is being provided With Z+ security.
The cost of the service provided is 20 LAKHS per month.
(3) Z Security:
At this level, 22 security personnel are involved in which there are 4-5 NSG commandos and police personnel who provide security. This security is provided by Delhi Police, ITBP, and CRPF. There is an escort vehicle included in both the Z and Z+ categories of security.
(4) Y+ Security:
In which 11 security personnel are involved and 1-2 NSG guards are also in it, and there are 2 security officers on a rotational basis who are always available with the person. The responsibility of this level of security is mainly on CRPF.
(5) Y Security:
There is only 8 security personnel in it, in which 1 or 3 are commandos and Police Personnel is and 2 personnel security are always present with the person on a rotational basis.
(6) X Security:
There are 2-3 police officers. Most of the people in India have X/Y category security.
CONCLUSION
National security laws provide safety and security to its citizens. The payment for these security agencies is made from the pocket of taxpayers, which is from the pocket of the citizens of India. That’s why a question was raised against providing Y Security type to the Bollywood film actress, Kangana Ranaut, as she was financially sound, so she could pay for her security. These National Security laws are for the protection of the citizens residing in the Nation to safeguard them from terrorism and anti-social activities. Using these laws as per the need for society can be beneficial rather than using them for the greed of a particular society.
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