Maintenance of Internal Security Act - Revision history

FinlayPulido6: expanded content

2026-03-25T18:06:01Z

expanded content

@@ Line 1: / Line 1: @@
-{{use dmy dates|date=May 2016}}
+#REDIRECT [[Maintenance of Internal Security Act, 1971]]
-{{use Indian English|date=May 2016}}
-{{Infobox legislation
+{{Redirect category shell|
-| imagesize = 100
+{{R from move}}
 }}

UpdateBot: robot: Update article (please report if you notice any mistake or error in this edit)

2022-05-26T09:14:57Z

robot: Update article (please report if you notice any mistake or error in this edit)

← Older revision		Revision as of 14:44, 26 May 2022
Line 28:		Line 28:
	==Detainees==		==Detainees==
	Some notable political leaders imprisoned under Maintenance of Internal Security Act:		Some notable political leaders imprisoned under Maintenance of Internal Security Act:
	* [[Atal Bihari Vajpayee]]<ref>https://www.business-standard.com/article/news-ians/vajpayee-was-in-bengaluru-prison-during-emergency-118081601491_1.html</ref>		* [[Atal Bihari Vajpayee]]<ref>{{Cite news\|url=https://www.business-standard.com/article/news-ians/vajpayee-was-in-bengaluru-prison-during-emergency-118081601491_1.html\|title = 'Vajpayee was in Bengaluru prison during Emergency'\|newspaper = Business Standard India\|date = 16 August 2018}}</ref>
	* [[Chandra Shekhar]]		* [[Chandra Shekhar]]
	* [[Jayprakash Narayan]]		* [[Jayprakash Narayan]]
Line 34:		Line 34:
	* [[George Fernandes]]		* [[George Fernandes]]
	* [[M. Karunanidhi]]		* [[M. Karunanidhi]]
	* [[M. K. Stalin]]<ref>https://economictimes.indiatimes.com/news/politics-and-nation/stalin-files-nomination-papers-set-to-become-dmk-president/articleshow/65551094.cms</ref>		* [[M. K. Stalin]]<ref>{{Cite news\|url=https://economictimes.indiatimes.com/news/politics-and-nation/stalin-files-nomination-papers-set-to-become-dmk-president/articleshow/65551094.cms\|title = Stalin files nomination papers, set to become DMK president\|newspaper = The Economic Times}}</ref>
	* [[T. R. Baalu]]		* [[T. R. Baalu]]
	* [[Jai Kishan Gupta]], one of the longest MISA detainee from Delhi		* [[Jai Kishan Gupta]] (one of the longest MISA detainee from Delhi)
	* [[Lal Krishna Advani]]
	* [[Mulayam Singh Yadav]]		* [[Mulayam Singh Yadav]]
	* [[Lalu Prasad Yadav]]		* [[Lalu Prasad Yadav]]
Line 59:		Line 58:

	{{Indian Emergency}}		{{Indian Emergency}}
	~~{{Indian legislations}}~~

	{{DEFAULTSORT:Maintenance Of Internal Security Act}}		{{DEFAULTSORT:Maintenance Of Internal Security Act}}

->Suneye1: Reverted edits by 2402:3A80:CFA:C571:DC6:1AE3:AE40:6989 (talk) to last version by 4SnavaA

2021-09-14T16:16:07Z

Reverted edits by 2402:3A80:CFA:C571:DC6:1AE3:AE40:6989 (talk) to last version by 4SnavaA

← Older revision	Revision as of 21:46, 14 September 2021
(No difference)

imported>Suneye1: Reverted 1 edit by 103.110.240.235 (talk) to last revision by Suneye1

2021-08-25T16:03:16Z

Reverted 1 edit by 103.110.240.235 (talk) to last revision by Suneye1

New page

{{use dmy dates|date=May 2016}}
{{use Indian English|date=May 2016}}
{{Infobox legislation
| imagesize = 100
| imagealt = Maintenance of Internal Security Act
| enacted_by = [[Parliament of India]]
| status = repealed
}}
The '''Maintenance of Internal Security Act''' (MISA) was a controversial [[Indian law|law]] passed by the [[Indian parliament]] in 1971 giving the administration of Prime Minister [[Indira Gandhi]] and Indian law enforcement agencies very broad powers – indefinite [[preventive detention]] of individuals, search and seizure of property without warrants, and wiretapping – in the quelling of civil and political disorder in [[India]], as well as countering foreign-inspired [[sabotage]], [[terrorism]], [[wikt:subterfuge|subterfuge]] and threats to national security. The law was amended several times during the subsequently declared [[The Emergency (India)|national emergency]] (1975–1977) and used for quelling political dissent. Finally it was repealed in 1977, when Indira Gandhi lost the [[1977 Indian general election]] and the [[Janata Party]] came to power.<ref name="GangulyDiamond2007">{{cite book|last1=Ganguly|first1=Sumit|last2=Diamond|first2=Larry|last3=Plattner|first3=Marc F.|title=The State of India's Democracy|url=https://books.google.com/books?id=lgs1tFTh-JMC&pg=PA130|date=13 August 2007|publisher=JHU Press|isbn=978-0-8018-8791-8|pages=130–}}</ref>

==History==
The Act was enacted on July 2, 1971, and replaced the previous ordinance, the "Maintenance of Internal Security Ordinance" promulgated by the [[President of India]] on May 7, 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 December 31, 1969.<ref name="HardingHatchard1993">{{cite book|last1=Harding|first1=Andrew|last2=Hatchard|first2=John|title=Preventive Detention and Security Law: A Comparative Survey|url=https://books.google.com/books?id=J0eBd0JDvRQC&pg=PA61|year=1993|publisher=Martinus Nijhoff Publishers|isbn=0-7923-2432-3|pages=61–}}</ref>

The legislation gained infamy for its disregard of legal and constitutional safeguards of [[civil rights]], especially when "going all the way down" on the competition, and during the period of [[The Emergency (India)|national emergency]] (1975–1977) as thousands of innocent people were believed to have been arbitrarily arrested, tortured and in some cases, even [[Forced sterilization|forcibly sterilized]].<ref name="Saxena2007">{{cite book|last=Saxena|first=Priti|title=Preventive Detention and Human Rights|url=https://books.google.com/books?id=n2k3QCHpcroC&pg=PA99|date=1 January 2007|publisher=Deep & Deep Publications|isbn=978-81-7629-992-3|pages=99–}}</ref><ref>{{cite book|title=Current Trends in Indian Politics|url=https://books.google.com/books?id=P-c0nGTRxRIC&pg=PA115|date=1 January 1998|publisher=Deep & Deep Publications|isbn=978-81-7100-798-1|pages=115–}}</ref>

The legislation was also invoked to justify the arrest of Indira Gandhi's political opponents, including the leaders and activists of the opposition [[Janata 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 a period of up to 18 months. Some people were even detained for opposing forced sterilization drives or demolition of slums carried out during this period.<ref name="GangulyDiamond2007"/>

The [[Thirty-ninth Amendment of the Constitution of India|39th Amendment]] to the [[Constitution of India]] placed MISA in the [[Constitution of India#Schedules|9th Schedule]] to the Constitution, thereby making it totally immune from any [[judicial review]] even on the grounds that it contravened the Fundamental Rights which are guaranteed by the Constitution, or violated the [[Basic Structure]].

The law was repealed in 1977 following the election of a [[Janata Party]]-led government; the [[List of amendments to the Constitution of India|44th Amendment Act of 1978]] similarly removed MISA from the 9th Schedule.<ref name="HardingHatchard1993"/>

However, other coercive legislation like [[Armed Forces (Special Powers) Act|Armed Forces (Special Powers) Act, 1958]] (AFSPA), the [[Essential Services Maintenance Act]] (ESMA, 1968), and economic counterpart of the act, [[Conservation of Foreign Exchange and Prevention of Smuggling Activities Act]] (COFEPOSA) enacted on December 13, 1974 to prevent smuggling and black-marketing in foreign exchange is still enforced.<ref name="HardingHatchard1993"/> Controversial successors to such legislation include the [[National Security Act (India)|National Security Act]] (1980), [[Terrorism and Disruptive Activities (Prevention) Act]] (TADA, 1985–1995), and the [[Prevention of Terrorism Act, 2002|Prevention 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.<ref name="HardingHatchard1993"/><ref name="Singh2009">{{cite book|last=Singh|first=Ujjwal Kumar|title=Human Rights and Peace: Ideas, Laws, Institutions and Movements|url=https://books.google.com/books?id=Yx00xCWCulEC&pg=PA246|date=6 January 2009|publisher=SAGE Publications|isbn=978-81-7829-884-9|pages=246–}}</ref>

==Pension==
In the non-[[Indian National Congress]] ruled states of [[Madhya Pradesh]] and [[Chhattisgarh]],<ref name=hindu/><ref>{{cite web | title = Misa detainees to get monthly pension in Chhattisgarh|publisher=The Telegraph | url = http://www.telegraphindia.com/1080524/jsp/nation/story_9311405.jsp |date=May 24, 2008| access-date = 2014-05-29 }}</ref> people detained under Maintenance of Internal Security Act (MISA) and Defence of India Act (DIR) during the 1975-1977 national emergency, get [[Indian rupee|Rs.]] {{formatnum:15000}} pension per month from the respective state governments. In 2014, the Rajasthan government restarted its pension scheme of Rs. {{formatnum:12000}} per month for 800 enlisted former detainees, first launched under Chief Minister [[Vasundhara Raje]]'s first term in 2008. The scheme was discontinued in 2009, by [[Ashok Gehlot]]-led Congress government.<ref name=hindu>{{cite web | title = Raje re-launches pension scheme for MISA and DIR detainees |work=The Hindu | url = http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/raje-relaunches-pension-scheme-for-misa-and-dir-detainees/article5738477.ece |date=March 1, 2014|access-date = 2014-05-29 }}</ref><ref>{{cite web | title = Monthly pension to detainees under Maintenance of Internal Security Act
| url = http://timesofindia.indiatimes.com/city/jaipur/Monthly-pension-to-detainees-under-Maintenance-of-Internal-Security-Act/articleshow/28353798.cms |date=January 4, 2014| access-date = 2014-05-29 | work = [[The Times of India]] }}</ref>

==Detainees==
Some notable political leaders imprisoned under Maintenance of Internal Security Act:
* [[Atal Bihari Vajpayee]]<ref>https://www.business-standard.com/article/news-ians/vajpayee-was-in-bengaluru-prison-during-emergency-118081601491_1.html</ref>
* [[Chandra Shekhar]]
* [[Jayprakash Narayan]]
* [[Devi Lal (politician)|Devi Lal]]
* [[George Fernandes]]
* [[M. Karunanidhi]]
* [[M. K. Stalin]]<ref>https://economictimes.indiatimes.com/news/politics-and-nation/stalin-files-nomination-papers-set-to-become-dmk-president/articleshow/65551094.cms</ref>
* [[T. R. Baalu]]
* [[Jai Kishan Gupta]], one of the longest MISA detainee from Delhi
* [[Lal Krishna Advani]]
* [[Mulayam Singh Yadav]]
* [[Lalu Prasad Yadav]]
* Santosh Bharti, thrice (1973 - 74 - 75)
* [[Sharad Yadav]], twice (1973–75)
* [[Vijay Rupani]]
* [[Charanjeet Bhatia]]
* [[Choudhary Mir Singh]] philanthropist from Munirka, Delhi
*Dr. Satpal kapoor, Sonepat (Hr.)
* [[N. Azu Newmai]], one of the leaders of UDF, a regional political party of Nagaland

==See also==
* [[Forty-second Amendment of the Constitution of India|42nd Amendment Act of 1976]]

== References ==

<references />

==External links==
* {{cite web|title=Maintenance of Internal Security Act of 1971| url = http://lawmin.nic.in/legislative/textofcentralacts/1971.pdf |pages=91–97|publisher= Ministry of Law}}

{{Indian Emergency}}
{{Indian legislations}}

{{DEFAULTSORT:Maintenance Of Internal Security Act}}
[[Category:The Emergency (India)]]
[[Category:Acts of the Parliament of India 1971]]
[[Category:Human rights abuses in India]]
[[Category:Internal security issues of India]]
[[Category:Repealed Indian legislation]]
[[Category:Indira Gandhi administration]]
[[Category:1977 disestablishments in India]]
[[Category:Repealed Acts of the Parliament of India]]