Note4Students
From UPSC perspective, the following things are important :
Prelims level: MISA, Implications of Emergency
Why in the News?
- Prithipal Singh Randhawa, leader of the Punjab Students Union (PSU), was murdered in Ludhiana on July 18, 1979.
- At the time of his death, he was 27 years old and among the most prominent leaders of the student union movement in Punjab during the 1970s.
Who was Prithipal Singh Randhawa?
- Randhawa hailed from Hoshiarpur in Punjab and joined Punjab Agricultural University (PAU), Ludhiana, in 1972.
- On October 5, 1972, students protested outside Regal Cinema in Moga district against black marketing of tickets.
- The police opened fire, killing four people, including student leaders Swarn Singh and Harjeet Singh.
- In response, Randhawa launched a mass movement, leading to the arrest of the responsible police officers.
- On October 26, 1974, he organized the massive Moga Sangram rally, addressing issues like student fee hikes and the United States’ imperial war in Vietnam.
- He was assassinated on July 18, 1979, after abduction.
- His rising popularity and anti-establishment stance led to his arrest and 19-month imprisonment under the Maintenance of Internal Security Act (MISA) during the Emergency.
- His death led to massive protests in Punjab, Haryana, and Delhi.
Back2Basics: Maintenance of Internal Security Act (MISA): Overview
- The MISA was a controversial law enacted by the Indian government in 1971.
- It was primarily aimed at ensuring internal security and public order during times of political unrest and emergencies.
- MISA was heavily used during the Emergency period (1975-1977) declared by Prime Minister Indira Gandhi.
Key Provisions:
- Preventive Detention: MISA allows for the preventive detention of individuals without trial for a maximum period of two years. This was intended to pre-emptively address threats to national security.
- Detention without Charges: Individuals could be detained without being charged with a specific offense, based on the suspicion of being a threat to national security or public order.
- No Right to Legal Representation: Detainees under MISA did not have the right to legal representation or a fair trial.
- Limited Judicial Review: The act severely restricted the scope of judicial review, making it difficult for courts to intervene in cases of detention under MISA.
Controversy and Criticism:
- Human Rights Violations: MISA was widely criticized for its draconian measures and violation of fundamental human rights, including the right to liberty, freedom of speech, and due process.
- Political Repression: The act was seen as a tool for political repression, used by the government to silence opposition and dissent.
- Abuse of Power: There were numerous instances of abuse of power under MISA, with individuals being detained on vague or politically motivated grounds.
Repeal:
- After the end of the Emergency in 1977, the newly elected Janata Party government repealed MISA in 1978 as part of its efforts to restore democratic norms and civil liberties.
- The legacy of MISA remains a stark reminder of the potential for misuse of power and the importance of safeguarding democratic principles and human rights.
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PYQ:
[2022] Which of the following is/are the exclusive power(s) of Lok Sabha?
- To ratify the declaration of Emergency
- To pass a motion of no-confidence against the Council of Ministers
- To impeach the President of India
Select the correct answer using the code given below:
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only |
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