GUILTY UNTIL PROVEN INNOCENT?

Preventive detention under the National Security Act gives the executive a troubling leeway to decide what conduct invites detention

- BY PROF. SRIKRISHNA DEVA RAO and SUNISHTH GOYAL

As educators, we are perpetually advised that our theoretical and somewhat traditional orientation must incorporate novel and innovative pedagogical interventions. Sonam Wangchuk is a shining example of a real-life educational innovator. He has also been a vocal political activist and late last month he was detained under the National Security Act (NSA), 1980. There certainly might be differences of opinion as to Wangchuk’s alleged activities as well as the demand for extending the Sixth Schedule to Ladakh. But no one can deny that frequent invocation of the NSA and preventive detention is a matter of serious concern.

Unlike ordinary criminal proceedings that follow the principle of nulla poena sine lege (no punishment without law), preventive detention allows authorities to curtail individual liberty based on anticipated future conduct rather than allegations of past criminal activity. It represents one of the most contentious aspects of Indian criminal law and has been repeatedly characterised as a “draconian measure” by the Supreme Court.