Gujarat Prevention of Anti-Social Activities Act 1985

Context: Lieutenant Governor (L-G) of Delhi recently approved a proposal by the Delhi Home Department to extend the Gujarat Prevention of Anti-Social Activities Act, 1985 to the national capital.

What is the Gujarat PASA Act?

The Gujarat Prevention of Anti-Social Activities Act, 1985, provides for preventive detention of “boot-leggers, dangerous persons, drug offenders, immoral traffic offenders, and property grabbers for preventing their anti-social and dangerous activities prejudicial to the maintenance of public order.”

Published in Gujarat Government Gazette on August 2, 1985, deemed to be in force from May 27, 1985.
2020 amendments broadened the Act’s scope to cover gambling, prostitution, sexual offenses, cyber crimes, cow-slaughter, usury, and repeat Arms Act offenders.
Section 3 of the Act empowers the state government to issue detention orders to prevent individuals from acting against public order.
Authorities can detain the person anywhere in Gujarat and transfer them between different places of detention within the state.
The offender must have more than one FIR filed against him at any police station within the state. However, the offender can be booked under PASA only by an officer whose territorial jurisdiction he resides in.

Amendments:

In 2020, amendments to the Act brought under its ambit:
operators of gambling dens and prostitution rackets,
offenders of cow-slaughter,
sexual offences and cyber crimes,
those involved in usury, and
repeated offenders of the Arms Act.

What criticism has the Act faced?

Misuse : Authorities face criticism for ‘misuse‘ of the Act, as multiple FIRs may include old complaints without convictions.
Critics and legal experts argue the Act infringes upon a person’s personal liberty
Detention on multiple grounds: Section 6 enables the government to detain individuals on multiple grounds, with separate orders for each. Authorities can still uphold the order based on other grounds even if one ground is invalidated in court.

Way Ahead

The Gujarat PASA Act, 1985 has been immensely useful in maintaining peace and order by detaining the anti-social elements.
The act will give more power in the hands of Delhi Police to deal with crime incidents like chain snatching, bootlegging, drug peddling and trafficking etc.
The act ensures public safety and law & order in Delhi based on the recommendation of Delhi Police.

FAqs Related with Gujarat Prevention of Anti-Social Activities Act, 1985

Ques 1: What is the Gujarat Prevention of Anti-Social Activities Act, 1985?

Answer: The state of Gujarat enacted the Gujarat Prevention of Anti-Social Activities Act, 1985 to prevent and control anti-social activities, maintain public order, and ensure public safety.

Ques 2: What are the key features of the Gujarat Prevention of Anti-Social Activities Act?

Answer: The Act empowers the state government to detain individuals involved in activities deemed anti-social or prejudicial to public order. It allows for preventive detention, strict monitoring, and control of persons engaging in criminal activities.

Ques 3: Which activities are covered under the Gujarat Prevention of Anti-Social Activities Act?

Answer: The Act covers a wide range of activities, including gambling dens, prostitution rackets, sexual offenses, cyber crimes, cow-slaughter, usury, and repeat offenders of the Arms Act, among others, as per the amendments made in 2020.

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