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| | #REDIRECT [[Maintenance of Internal Security Act, 1971]] |
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| {{Infobox legislation
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| 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 Finally it was repealed in 1977, when Indira Gandhi lost the [[1977 Indian general election]] and the [[Janata Party]] came to power.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>
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| ==History==
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| 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>
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| 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>
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| 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"/>
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| 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]].
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| 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"/>
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| 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>
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| ==Pension==
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| 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
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| | 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>
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| ==Detainees==
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| Some notable political leaders imprisoned under Maintenance of Internal Security Act:
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| * [[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>
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| * [[Chandra Shekhar]]
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| * [[Jayprakash Narayan]]
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| * [[Devi Lal (politician)|Devi Lal]]
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| * [[George Fernandes]]
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| * [[M. Karunanidhi]]
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| * [[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>
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| * [[T. R. Baalu]]
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| * [[Jai Kishan Gupta]] (one of the longest MISA detainee from Delhi)
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| * [[Mulayam Singh Yadav]]
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| * [[Lalu Prasad Yadav]]
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| * Santosh Bharti, thrice (1973 - 74 - 75)
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| * [[Sharad Yadav]], twice (1973–75)
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| * [[Vijay Rupani]]
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| * [[Charanjeet Bhatia]]
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| * [[Choudhary Mir Singh]] philanthropist from Munirka, Delhi
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| *Dr. Satpal kapoor, Sonepat (Hr.)
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| * [[N. Azu Newmai]], one of the leaders of UDF, a regional political party of Nagaland
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| ==See also==
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| * [[Forty-second Amendment of the Constitution of India|42nd Amendment Act of 1976]]
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| == References ==
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| <references />
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| ==External links==
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| * {{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}}
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| {{Indian Emergency}}
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| {{DEFAULTSORT:Maintenance Of Internal Security Act}}
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| [[Category:The Emergency (India)]]
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| [[Category:Acts of the Parliament of India 1971]]
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| [[Category:Human rights abuses in India]]
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| [[Category:Internal security issues of India]]
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| [[Category:Repealed Indian legislation]]
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| [[Category:Indira Gandhi administration]]
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| [[Category:1977 disestablishments in India]]
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| [[Category:Repealed Acts of the Parliament of India]]
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