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2) What is Jammu and Kashmir’s Public Safety Act? Why is it considered draconian? Discuss the constitutional safeguards guaranteed to a person so detained.(250 words)

Topic:  Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

2) What is Jammu and Kashmir’s Public Safety Act? Why is it considered draconian? Discuss the constitutional safeguards guaranteed to a person so detained.(250 words)

The hindu

Why this question:

Farooq Abdullah, the chairman of Jammu & Kashmir National Conference who has also served as the Chief Minister of Jammu and Kashmir on several occasions since 1982, has been detained for 12 days under Jammu and Kashmir’s Public Safety Act.

Key demand of the question:

The answer must detail upon the Jammu and Kashmir’s Public Safety Act and its recent use during the abrogation of the article 370 and 35A.

Directive:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction: 

In brief explain the Jammu and Kashmir’s Public Safety Act.

Body:

Explain the following aspects in the body of the answer – 

What is Jammu and Kashmir’s Public Safety Act? – It is a preventive detention law. It comes into force by an administrative order passed either by Divisional Commissioner or by the District Magistrate and not by a detention order by police based on specific allegations or for specific violation of laws.

Explain Why is it considered draconian? – it allows for detention of a person without a formal charge and without trial, can be slapped on a person already in police custody; on someone immediately after being granted bail by a court; or even on a person acquitted by the court, Detention can be up to two years etc.

Explain what constitutional safeguards are guaranteed to a person so detained?

Conclusion:

Conclude with way forward.

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