| Maintenance of Internal Security Act, 1971 | |
|---|---|
 | |
| Parliament of India | |
| |
| Citation | Act No. 26 of 1971 |
| Territorial extent | India exceptJ&K |
| Assented to by | PresidentV. V. Giri |
| Assented to | 2 July 1971 |
| Repealed | 3 August 1978 |
| Repeals | |
| Maintenance of Internal Security Ordinance, 1971 | |
| Amended by | |
| |
| Repealed by | |
| Maintenance of Internal Security (Repeal) Act, 1978 | |
| Status:Repealed | |
TheMaintenance of Internal Security Act (MISA) was a controversiallaw passed by theIndian parliament in 1971, giving the administration of Prime MinisterIndira Gandhi and Indian law enforcement agencies very broad powers – indefinitepreventive detention of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder inIndia, as well as countering foreign-inspiredsabotage,terrorism,subterfuge and threats to national security. The law was amended several times during the subsequently declarednational emergency (1975–1977) and used for quelling political dissent. Finally, it was repealed in 1977, when Indira Gandhi lost the1977 Indian general election and theJanata Party came to power.[1]
MISA was enacted on 2 July 1971, and replaced a previous ordinance with similar intent called, the "Maintenance of Internal Security Ordinance" promulgated by thePresident of India on 7 May 1971. The Act was based on the Preventive Detention Act of 1950 (PDA), enacted for a period of a year, before it was extended until 31 December 1969.[2]
The legislation gained infamy for its disregard of legal and constitutional safeguards ofcivil rights, especially when "going all the way down" on the competition, and during the period ofnational emergency (1975–1977) as thousands of innocent people were believed to have been arbitrarily arrested, tortured and in some cases, evenforcibly sterilized.[3][4]
The legislation was also invoked to justify the arrest of Indira Gandhi's political opponents, including the leaders and activists of the oppositionJanata Party. In all, during the emergency period of 1975–1977, some 100,000 people, which included journalists, scholars, activists and opposition politicians, were detained without trial for up to 18 months. Some people were even detained for opposing forced sterilization drives or demolition of slums carried out during this period.[1]
The39th Amendment to theConstitution of India placed MISA in the9th Schedule to the Constitution, thereby making it totally immune from anyjudicial review even on the grounds that it contravened the fundamental rights guaranteed by the Constitution, or violated theBasic Structure.[citation needed]
The law was repealed in 1977 following the election of aJanata Party-led government; the44th Amendment Act of 1978 similarly removed MISA from the 9th Schedule.[2]
However, other coercive legislation likeArmed Forces (Special Powers) Act, 1958 (AFSPA), theEssential Services Maintenance Act (ESMA, 1968), and economic counterpart of the act,Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) enacted on 13 December 1974 to prevent smuggling and black-marketing in foreign exchange is still enforced.[2] Controversial successors to such legislation include theNational Security Act (1980),Terrorism and Disruptive Activities (Prevention) Act (TADA, 1985–1995), and thePrevention of Terrorism Act (POTA, 2002), criticized for authorizing excessive powers for the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil freedoms.[2][5]
In the non-Indian National Congress ruled states ofMadhya Pradesh andChhattisgarh,[6][7] people detained under Maintenance of Internal Security Act (MISA) and Defence of India Act (DIR) during the 1975-1977 national emergency, getRs. 15,000 pension per month from the respective state governments. In 2014, the Rajasthan government restarted its pension scheme of Rs. 12,000 per month for 800 enlisted former detainees, first launched under Chief MinisterVasundhara Raje's first term in 2008. The scheme was discontinued in 2009, byAshok Gehlot-led Congress government.[6][8]
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Some notable political leaders imprisoned under Maintenance of Internal Security Act:
