Amnesty International has expressed severe criticism of the recent decision by Delhi’s Lieutenant Governor to invoke Section 3(2) of India’s National Security Act (NSA). This provision empowers police with the authority to detain individuals without formal charges or trial, sparking apprehensions about potential violations of human rights. Amnesty International’s Aakar Patel described this move as a blatant disregard for procedural safeguards, arguing it risks exacerbating unrest in the capital amidst ongoing protests over exam paper leaks.
The protests, spearheaded by the Cockroach Janta Party (CJP), erupted following the leakage of the National Eligibility Cum Entrance Test (NEET) answers, affecting millions of students. This scandal has resulted in significant distress; twenty students reportedly took their own lives as a consequence. As a result, the protests gained momentum, compelling the government to implement a reform charter and offer compensation to affected families. At the peak of these demonstrations, law enforcement resorted to using tear gas and batons against protestors heading to the Indian parliament.
The NSA permits police to detain an individual on mere suspicion of activities that might pose a threat to public order or national security. Detainees under this Act are deprived of the right to legal representation before an advisory board reviewing their detention, a provision heavily criticized for violating the principles enshrined in the International Covenant on Civil and Political Rights (ICCPR). Human rights organizations argue that this suspension of fair trial rights undermines international norms.
Delhi police, however, claim that invoking the NSA is a standard administrative action. Nonetheless, historical misuse of this power, as seen during the 2020 anti-CAA protests and the 2026 workers’ protests in Noida, raises concerns about its potential for abuse. The situation is further inflamed by derogatory comments made by Chief Justice of India, Surya Kant, who disparaged the protesters as “cockroaches,” reflecting a troubling dismissal of democratic rights to peaceful protest.
Critics argue that the invocation of the NSA amidst these protests reflects an authoritarian approach to dissent, threatening fundamental liberties. The ongoing situation highlights the delicate balance between maintaining public order and respecting individual rights, and raises crucial questions about the extent of police powers under the guise of national security. Further insights into this issue can be explored here.