Lok Sabha Question No. 2079 (UNSTARRED), answered on 2025-08-01
Subject: Misuse of Security Laws
Ministry: LAW AND JUSTICE
Asked by: Shri Kuldeep Indora

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2079

TO BE ANSWERED ON FRIDAY, THE 1 ST  AUGUST, 2025

## Misuse of Security Laws

## 2079.   SHRI KULDEEP INDORA:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  it  is  fact  that  draconian  laws  like  National  Security  Act  (NSA), Unlawful Activities Prevention Act (UAPA) and Public Safety Act (PSA) are being used nowadays against students journalists, social activists and peaceful protesters resulting in question about the judicial system of the country;
- (b) whether many people are kept in jail for years without trial under these laws thereby  affecting  the  right  to  liberty  and  fair  trial  guaranteed  by  the Constitution;
- (c) if so, the number of the persons presently languishing in various jails without conviction under these laws; and
- (d) whether  the  Government  proposes  to  formulate  any  concrete  policy  or guidelines to review these laws from time to time and use them only in very serious cases?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

- (a) to (d): As per the information provided by the Ministry of Home Affairs, the

National Security Act (NSA), 1980 provides for preventive detention in certain cases

and empowers the Central Government and the State Governments to make orders for  detaining  certain  persons  if  satisfied  that  such  detention  is  necessary  for preventing acts prejudicial to the defence of India, the security of India, the security of the State, the maintenance of public order or the maintenance of supplies and services essential to the community.

The  Jammu  and  Kashmir  Public  Safety  Act  (PSA),  1978  provides  for preventive detention in certain cases. Every detention is required to be based on reasonable and material grounds in accordance with the provisions of the said Act. There are adequate safeguards provided under the said Act for review.

Further,  the  Unlawful  Activities  (Prevention)  Act  (UAPA),  1967  is  the principal legal regime in the country to deal with cases relating to terrorism and unlawful activities and is primarily required to safeguard the sovereignty, security and integrity of the nation. It empowers law enforcement agencies to investigate and prosecute  individuals  and  organizations  involved  in  or  supporting  terrorism  and unlawful activities. Under Section 45 of the Act, no court can take cognizance of any offence without the previous sanction of the Central or State Government, as the case may be.

The maximum period of detention under the NSA, 1980 is twelve months from the date of detention.  In respect of UAPA cases, conviction is an outcome of

the  judicial  process  which  depends  on  factors  such  as  the  duration  of  the  trial, appraisal of evidence and examination of witnesses.

Data relating to the number of persons presently  detained under the NSA, 1980  and  the  Public  Safety  Act  (PSA),  1978 is not centrally  maintained. Furthermore, the National Crime Records Bureau (NCRB) compiles data on crime as reported by the States and Union Territories and publishes the same in its annual publication Crime in India .

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