Jammu & Kashmir Public Safety Act

Context: Recently, a sitting legislator (MLA) in Jammu and Kashmir was detained under the Jammu & Kashmir Public Safety Act (PSA) for one year.

Relevance of the Topic : Prelims: Key features of PSA; Preventive Detention; Article 22

About Jammu & Kashmir Public Safety Act:

The Public Safety Act was enacted in 1978 by the J&K Legislative Assembly to curb timber smuggling in the state.
Over time, the Act has become a tool for preventive detention of political opponents, dissenters, journalists, and protesters. E.g., On the eve of Article 370’s abrogation, hundreds, including former Chief Ministers, were detained under PSA.

After the abrogation of Article 370, the PSA is now deemed a law passed by the Indian Parliament.

Preventive Detention: The Act authorises detention without trial for up to 2 years, if individuals are considered a threat to the security of the state. Allows detention up to 1 year if they are deemed a threat to public order.
Grounds of Detention: Individuals can be detained if the administration is satisfied that they might act in a manner prejudicial to security or public order. The power is based on “subjective satisfaction” of the executive authorities (District Magistrates/Divisional Commissioners).
Communication of Grounds: Grounds of detention must be conveyed to the detainee. However, Section 13(2) allows the government to withhold grounds if disclosure is deemed against “public interest.”
Advisory Board Review: Detention orders must be reviewed by an Advisory Board (of High Court judges).
Restrictions on Legal Remedies: Individuals cannot directly represent themselves before the Advisory Board. Courts often avoid probing into the merits of detention if the executive claims satisfaction.

The Act has been repeatedly flagged by UN Human Rights bodies as a “lawless law” because it:

permits prolonged preventive detention without trial
relies on vague definitions like public order
restricts legal remedies
undermines rights guaranteed under both the Indian Constitution and the International Covenant on Civil and Political Rights (ICCPR).

Also Read: Preventive Detention laws in India: How preventive detention works?

Practice MCQ:

Q. With reference to the Jammu & Kashmir Public Safety Act (PSA), consider the following statements:

1. It authorises preventive detention for up to two years in case of threat to the security of the State.

2. It was enacted in 1978 originally to curb terrorism.

3. Detention under PSA requires approval by the Supreme Court within six months.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 and 3 only

(d) 1, 2 and 3

Answer: (a)