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5) Discuss the key features of Jammu and Kashmir Public Safety Act (PSA). Why is it often referred to as a “draconian” law? Analyse.(250 words)

Topic:  Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

5) Discuss the key features of Jammu and Kashmir Public Safety Act (PSA). Why is it often referred to as a “draconian” law? Analyse.(250 words)

Indianexpress

Why this question:

Recently, National Conference leader and former Jammu and Kashmir chief minister Farooq Abdullah has been detained under the Jammu and Kashmir Public Safety Act, sources have confirmed to The Indian Express.

Last month, former IAS officer Shah Faesal was stopped at New Delhi airport Wednesday and sent back to Kashmir, where he has been detained under the Public Safety Act (PSA).

Key demand of the question:

The question expects us to critically analyse the Jammu and Kashmir Public Safety Act (PSA).

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: 

Discuss the context of the question in brief.

Body:

Start by explaining the features of Jammu and Kashmir Public Safety Act (PSA).explain the history of J&K Public Safety Act.

Some key features include – The PSA allows for administrative detention for up to two years “in the case of persons acting in any manner prejudicial to the security of the State”, and for administrative detention up to one year where “any person is acting in any manner prejudicial to the maintenance of public order”.

 Detention orders under PSA can be issued by Divisional Commissioners or District Magistrates.

 The detaining authority need not disclose any facts about the detention “which it considers being against the public interest to disclose”.

 Under Section 23 of the Act, the government is empowered to “make such Rules consistent with the provisions of this Act, as may be necessary for carrying out the objects of this Act”.

Conclusion:

Conclude with solutions to address the issue.