Public Safety Act

What is Public Safety Act, 1978?

• The act was brought into effect in 1978, to adopt a tough measure against timber smuggling in the state.
• It was later the act was used to control militancy-related incidents.
• Under this act, the government can declare any area as ‘protected’ and exercise authority to regulate the entry of any citizen in the protected area.
• Attempts to forcefully enter the designated areas invite prosecution. Amendments made to Public Safety Act
• It was in 2012 when the state legislature amended PSA by relaxing some of its strict provisions.
• The pre-trial detention period was reduced.
• In the case of first-time offenders or individuals who act against the security of the state for the very first time, the detention period for such individuals was reduced from two years to six months.
• The option of extending the term of detention to two years was kept open if there is no improvement in the conduct of the detainee.
• It was only after the amendment that another crucial provision was put in place. It introduced the rule that minors (below the age of 18) cannot be detained under the PSA.
• It was also made mandatory for the detaining authority to furnish a reason for any detention.
• A person detained under the PSA is held without trial.

Who are the detainees?

• According to J&K government records, those booked under PSA from July 8 to October 16 include teachers, students, political activists, government employees, and even a Special Police Officer (SPO).
• In 2016, record 434 people have been detained under the PSA since the July 8 outbreak of unrest in the Valley crossing a hundred days.

What grounds are the detainees arrested?

The grounds for arrest range from being “an eloquent speaker”, to “provoking youth”, “creating law and order problems”, “inciting protests”, and “acting in a manner prejudicial to the security of the state as well as the maintenance of public order”.

What is a similar act where police forces have immunity?

The Armed Forces Special Powers Act and the Public Service Act have similar provisions that provide an exemption from criminal, civil, or any other legal proceedings “for anything done or intended to be done in good faith in pursuance of the provisions of this Act.”

Which force can use PSA?

• The J&K police have been known to use the PSA to keep in jail those against whom it has no evidence to put on trial.
• J&K Police DGP (coordination and law & order) S P Vaid said the arrests under the Act were necessitated by the situation in the state. They (accused) indulged in arson, burnt vehicles, and damaged public property. They have been dealt with as per the law.
• It has also used the Act repeatedly against the same person ensuring that he is continuously behind bars.

Criticism of Public Safety Act

• Human rights groups are almost unanimous in their stand – PSA results in wrongful detentions.
• Amnesty International has been 7nderutilize churning out reports on a number of people detained over the years.
• Most advocacy 7nderutilized have opined that the state has been using the PSA to imprison suspects without adequate evidence.
• Many innocent people had become prey to political vendetta because this act gives sweeping powers to the ruling party.
• PSA has been 7nderutili for denying citizens the right to fair trial and justice.
• Despite the amendment, the government still retains enough power to curtail the freedom of people under the garb of ensuring state security and public order.

Conclusion

Unless the government makes serious attempts to find out why Kashmiris are angry and alienated enough to become stone-pelters and addresses those issues, the jails of Jammu & Kashmir will ever remain filled with PSA prisoners — with each new arrest diminishing a little more India’s commitment to the rule of law.