The State government's decision to invoke the National Security Act empowering the South Goa Collector & District Magistrate to act under the provisions of the law may be a routine exercise as claimed, but enforcing the draconian law ahead of what appears to be an intense run-up to the assembly elections raises serious concerns.
There is no doubt that the government is going to justify the move against the backdrop of goondaism and related crimes raising its ugly head in recent times. The question here is how sincere and genuine is the reasoning, and whether the law and order machinery would consider itself handicapped to handle law and order situations in the absence of NSA. Or bluntly speaking, could this be an insidious ploy to checkmate political rivalries given the fact there is growing dissension and a political churn on the horizon? Given the inherent powers assumed by the government, it could be used as a double-edged sword to fix electoral opponents and activists that stand in the way.
Questions have been raised across the nation over the reported misuse of this law because NSA is seen to be used in some States for political repression and in driving agendas. Introduced in September 1980, what makes the Act draconian is the fact that it gives sweeping powers to the designated authority to make a preventive arrest of 5-12 days without pressing charges or assigning any reason. The accused can subsequently be kept in custody for 12 months. Further, those arrested are not entitled to any legal aid, and the government holds the right to conceal information which it considers to be against the public interest to disclose. The various offences that one could be booked under this law include security and welfare of the State or nation, disruption of public order, obstructing supply of essential services, acting in defiance of the law and order and many others.
If we may recall, there are numerous occasions where citizens have been detained for questionable offences across States. In January, Lt Governor of Delhi invoked the NSA when the capital was witnessing protests against CAA and NRC. Between January and February 2019 the Act was invoked to arrest several persons in Uttar Pradesh and Madhya Pradesh over cow slaughter cases. In Manipur, a journalist was arrested under the Act for a Facebook post against the chief minister. Governments have used the legislation as an effective tool to silence voices of dissent against the controversial Citizenship Amendment Bill. There are innumerable instances where the law has been exploited by the executive to target individuals under the guise of preventing disturbances to public peace.
Political activism is heating up in Goa as the assembly elections are approaching, and social media is already abuzz with voices of dissent. There have been even futile attempts to initiate externment proceedings against tough political rivals. By invoking NSA at this time, the government has equipped itself with an extra-judicial power. There is a greater danger of the Act being misused because the powers attained via the Act appear out of proportion to the existing situation.
