The Goa government's decision to impose the stringent National Security Act (NSA) is, on the one hand, a bold move; it is also a tacit acceptance of the fact that the law and order situation has spiralled out of police control. Goa has seen so much crime in recent times — gang fights, murders, shootings, violence, assaults on social activists and tourists, hate speeches, etc. While political parties were crying hoarse over what they called a failure of the Home Department, the public was losing confidence in policing because there were no deterrents against crime, and one got the impression that criminals no longer feared the law.
The NSA is a preventive detention law that confers power upon governments to issue orders against individuals with the goal of preventing them from acting in a manner prejudicial to the security of the state or threatening public order. NSA leads to detention without trial and hence, the constitution of the advisory board is a constitutional safeguard to ensure that the law is not misused, although it is not an infallible mechanism. Past instances have shown that even the board has failed. In 2021, the Supreme Court rejected the extension of detention in two cases (Uttar Pradesh and Manipur), stating that continued detention would amount to a violation of the right to life and personal liberty.
The application of NSA is generally reserved for national security issues, but when it makes an entry at a state level, it is indicative of a precarious situation. It allows the district magistrates to keep people in preventive detention for up to three months, with the aim of curbing the criminal activities of the gangs and also discouraging anti-social elements from taking laws into their own hands. The application of the law seems to be grounded in a practical understanding that the traditional police approaches are not enough to tackle the magnitude and complexity of crimes.
The NSA has been facing flak across India, with governments accused of allegedly misusing the law to suppress dissent, bypass standard legal procedures, and target political opponents and minority communities. There are gaps even with the dual-layered system. The detainee still does not have a right to legal representation before the board, the government can withhold information saying it is in the public interest, and the board's recommendation is not legally binding on the government. Lastly, and most importantly, the government can still use vague grounds for detention and ensure that it passes the test of the board.
The move, nonetheless, conveys a crystal-clear message of how seriously the government is viewing the situation. But here’s a rider. The NSA comes in at a time when the State is warming up to the election season with Zilla Panchayat Polls, Municipal Polls, and the 2027 elections lining up. Political players and leaders have already been exchanging fire, hurling abuses, and making derogatory comments on social media. We hope the NSA is not used as a tool to silence dissent against the government. We hope the NSA is not pressed to serve political agendas. We hope the government does not contemplate killing two birds with one stone.
There are issues that arise about the equilibrium between security and the people's rights. When the government arms itself with such sweeping powers, there can be consequences. The delicate balance between security and civil liberties will be tested. When a state is going through a rough patch like this, it is the government's bounden duty to protect the rights of citizens and, at the same time, guarantee the safety of citizens and tourists.
