The Madhya Pradesh government recently detained five people under the National Security Act (NSA) for allegedly committing offences related to cattle laws.
The use of the National Security Act for cattle offences seems contentious, given its purpose and intent.
What are the recent cases?
In one case in Khandwa district, the police, who recovered a cow carcass, traced three men who had allegedly killed the animal.
In another case, authorities in Agar Malwa district claim there was some disturbance due to two men who were allegedly transporting cows.
The stated reason to book them under the NSA is that they were likely to cause disruption of peace.
Why is it contentious?
The police could have prosecuted them under laws that ban cow slaughter.
The NSA provides for a maximum of one year in prison through an executive order without trial or bail.
The recent case is possibly the first time when this law is being used against those suspected of offences against cows.
The act amounts to gross misuse of a law meant solely to prevent activities that endanger the country’s security or public order.
There was no evidence of security or order being under grave threat, in this case.
What are the larger concerns?
India has become habituated to the abuse of preventive detention laws.
In recent times, they have been wrongly invoked against political dissenters and vocal critics, with total disregard for constitutional freedoms.
The present move would imply a breach of limits by the law-enforcers to demonstrate ideological adherence to majoritarian beliefs.
It is a threat to the freedom of movement and vocation, and the dietary choices, of those who do not share the majority community’s reverence for cow.
The Supreme Court too had earlier warned against the dangers of a socio-political framework based on disrespect for an inclusive social order.
It issued some guidelines and wanted the states to take preventive and remedial measures against mob violence and public lynching.
