Chapter VI
ROLE
OF
CENTRAL
AND
STATE
MAINTENANCE OF INTERNAL SECURITY
6.1
Objects of Criminal Justice System
6.2
Challenges before Criminal Justice System
6.3
Existing police system
6.4
Indian Police issues and Challenges
6.5
Role of intelligence agencies
6.6
Existing Security infrastructure
134
AGENCIES
IN
Chapter VI
ROLE
OF
CENTRAL
AND
STATE
MAINTENANCE OF INTERNAL SECURITY
AGENCIES
IN
6.1 Objects of Criminal Justice SystemBefore we study the problems of criminal justice system in maintaining internal security
first we need to understand the meaning of criminal justice system. As defined by Prof.
Madhava Menon in report on police reforms 130 “criminal justice means the criminal law, the
criminal procedure, the institutions of enforcement of the criminal law and the personnel
involved in administering the system. Our Criminal Justice system does the following work•
Prevention and control of crime
•
Maintenance of public order and peace,
•
Protection of the rights of victims as well as the person in conflict with law,
•
Punishment and rehabilitation of those adjudged guilty of committing crimes
•
Protecting life and property against crime and criminality. 131
Mainly states are constituted with intentto provide protection and maintenance of peace in
the society. Maintenance of rule of law, democracy and good governance are the products of
good and efficient criminal justice system.
Present research aims at studying internal security management system. Hence in this
chapter discussions have been made about present criminal justice system from security point
of view.
Organs of Criminal Justice System•
Police
•
Prosecution
•
Courts
•
Prison Administration
130
Government of India, “Report on the Draft National Policy on Criminal Justice”, (Ministry of Home Affair2007)
131
Government of India, “Report on the Draft National Policy on Criminal Justice”, (Ministry of Home Affair2007)
135
Criminal law and its procedures falls in the concurrent list (Items 1 and 2 of list III of the
seventh schedule) of the Constitution hence central government as well as state government
can make laws on this subject and therefore we will find different set of laws made in various
parts of country.
The primary object of the state is to maintain law and order so that people can enjoy
peace and security. Right to life and personal liberty is considered as precious right of an
individual guaranteed under Art. 21 of the Constitution. The state discharges its primary
obligation to protect the life and liberty of an individual. Substantive penal laws prescribe
punishment for the violation of rights. When these rights are violated state machinery will
start functioning to arrest the person guilty for such assaulton the rights, will place him for
fair trial and if found guilty he will be punished.
Internal security of any state is linked with functioning of Criminal Justice system of the
state. To create deterrence of law in the minds of people, efficient policing, proper
investigation and prosecution of crime is unavoidable. On the other hand, disrespect to law,
violence, low conviction rate, undetected crimes and delayed justice creates atmosphere of
uncertainty and impunity and, the state will be out in the open to security threats from inside
and outside also.
Presently, India’s condition more or less is same. More than two crore criminal cases are
pending and waiting for theirtrial; thousands of investigations are pending in various parts.
This is not a good sign, when country is struggling to combat threats like terrorism, Naxalism
and trying to maintain law and order situation in control. Some parts of country have become
luxuriant ground for continuing violence, organized crime and targeting innocent people. 132
If this situation continues, there is no doubt that it will become difficult to maintain law
and order situation. When country’s internal security management is weak then easily it can
become soft target of terrorist groups.
•
Frequent break down of law and order situation,
•
Problem of corruption in public administration,
•
Political interference
All these factors lead in weakening security management system in the country. Briefly
if police and criminal justice system is efficient and effective, then internal security can be
132
Government of India, “Report on Center-State relations-Internal security, Criminal Justice and Center State
co-operation vol-3”, (Ministry of Home Affairs, March-2010)
136
managed effectively which ultimately leads to good governance but if police and system is
weak and surrounded by various problems, then it can worsen the security of the state.
Now a day’s committing crime is low risk and high profit. Generally criminal justice
system is put in motion when offence is registered and then investigated. To maintain the law
and order situation in proper way quality investigation and prompt response to the complaints
is foundation of every criminal justice system. Presently all these multifarious duties are
performed by the police system.
The laws, based on which police try to complete the procedure are enacted more than 100
years back. Crime rate is increasing day by day in the society. Therefore to meet the present
day’s challenges criminal justice system should be reformed enormously.
6.2 Challenges before Criminal Justice SystemEffective criminal justice system is fundamental requirement of state to maintain law
and order. Object of Criminal justice system to create an atmosphere of rule of law in the
state and prevents crimes. If at all crimes takes place, fast prosecution and deterrent
punishment prevents further occurrence of crime. However till date our track record is very
poor with delays, low rate conviction, corruption.
The former Chief Justice of India, Justice. Y. K. Sabharawal, at the inauguration
speech of the Joint Conference of Chief Justices and Chief Ministers held on 11th March 2006
observed “ The criminal justice system appears to be on the verge of collapse due to diverse
reason. Some of the responsibility will have to be shared by the executive branch of the state.
Not much has been done for improvement of the investigative and prosecution machinery.
Significant suggestions for separation of investigative wings from law and Order duties and
changes in the rules of evidence still lie unattended. The public outrage over the failure of the
criminal justice system in some recent high profile cases must shake us all up into the
realization that something needs to be urgently done to revamp the whole process, though
steering the clear of knee jerk reaction, remembering that law is a serious business” 133
Challenges•
In today’s date crime has become low risk and high profit business because chances
of getting caught, prosecutions and punishment rate very low.
133
Government of India report, “Second Administrative Reforms Commission Fifth Report” (Ministry of Home
Affairs, June-2007)
137
•
With outdated system and poor infrastructure it is difficult to manage changing nature
of crime.
•
Lack of adequate data and systematic planning create hurdles for better co-ordination
and efficient system.
•
Present Criminal Justice system seems to be obsolete as crime and its nature is
completely changed.
•
Poor enforcement of laws discouraged the spirit of law in the society. Procedurally,
first it is very difficult to get FIR registered. After registration of FIR investigation is
carried out in a very poor and casual manner. After the charge sheet, it will take so
many years for the conclusion of the trial. In between manipulation, tempering with
•
the witnesses take place which makes the journey more pitiable. Lack of coordination between investigation and prosecution is evident. Cumulative effect is that
many time it results into acquittal of accused.
•
Of the total case registered, the number of cases charge sheeted in a year has
increased from 53% in 1961 to 80% in 2005.
•
The average conviction rate is about 42%.
•
There has been a steady decline in the conviction rate from 64.8% in 1961 to 42.4% in
2005.
134
Researcher CommentsIf we look at present criminal Justice system from security point of view, it is
essential that all organs of criminal justice system should perform effective roles. Here we
must notice that amongst all organs of the Criminal Justice System, police plays an important
role. Prevention and detection of crime starts from Police Department. Police are responsible
for maintaing law and order and up to certain extent for maintaing internal security also.
Police system is one strong pillar of our criminal justice system. Unfortunately present police
system suffers major problems and is not ready to cope with present day challenges.
Therefore it is necessary to study present police system in India, its history, the reasons for its
weaknesses and reforms which we need to carry out as police system is crucial in maintaing
internal security.
134
Government of India, “ Report of the Committee on Draft National Policy on Criminal Justice”, Ministry of
Home affairs, July-2007
138
6.3 Existing police systemAs discussed earlier, presently our entire police system is governed by Police Act
1861. Ever since the Police Act was enacted in 1861, there have been few and far reforms to
the police system in India. The Police Act aims to make police system an efficient instrument
for the prevention and detection of crime. The Police Act gives the state government a power
to establish its own police forces and state government will have exclusive jurisdiction over
it. According to the Act the Inspector general of Police, presently known as Director General
or Inspector General of police is head of the state police.
According to the Sec.4 Inspector general of police (Now the Director General) shall
administer the police force in the province. This post was at high level followed by pyramidal
hierarchy by Deputy Inspector General, the Assistant Inspector General and superintendent of
police. At the district level, the police administration is vested with the district police
superintendent. At District level, to assist him there is one assistance / deputy superintendent
of police. One of the major drawback of this Act is that, it has clearly defined the high level
structure of police system but fails to provide lower level police structure, these things they
have left to the discretion of the Inspector general of police subject to the approval by state
government.
Therefore presently police system, seems centralized, mainly decision making power
is centralized. This system was made by the Britishers for their convenience. However
Britishers left but system continues. Now also major policy decisions are taken by Home
Ministry regarding maintenance of internal security and implemented by sub-ordinate
officers. 135
Even the executives powers delegated to then junior supervisory levels have been kept
under constant check through administrative measures like inspection and visits. This system
inevitable promotes unaccountability and secrecy since in a highly centralized system the
important decisions are taken by high level officials and the lower rank is extracted without
delegating any form of decision making to the ranks. 136
135
Government of India, “Padmanabhan Committee on Police Reforms” Ministry of Home Affairs, January2000
136
Arvind Verma & KS Subramanian, “Understanding the Police in India”, Lexis Nexis, Delhi, Second
edition-2014
139
6.4 Indian Police issues and ChallengesThe police are essentially the investigating agency in the Indian criminal justice
system and work in co-operation with the prosecution to collect evidences against the
accused for the purposed of the trial. Recent terrorist attack in Mumbai (26/11) had exposed
some glaring loopholes in our present police system. The Mumbai Police once use to enjoy
the reputation of best police force in the country but however during this attack time they
found ill-trained and ill-equipped to face the attack.
It was not like that they were not aware of the attack but simply they were not prepared
for it. The problem with the police system is not only in the Mumbai but all over the country.
Police system lacks resources, training and motivation to deal with security challenges.
Political interference in day to day functioning has paralyzed the system.
•
Today terrorism poses serious challenges to the unity and integrity of India. But
however our police force is not prepared to deal with these challenges. Zero tolerance
for terrorism should be our main objective and for that we need to undertake various
Police reforms. The role of the police has undergone major changes but its
functioning is basically according to the Police act 1861.
•
Present Police force is raised to meet the requirements of the colonial masters and
therefore cannot meet the challenges of present time. We need professional police
force enforcing the rule of law and protecting the life of people irrespective of religion
cast or creed. Neither central government nor state government complied with the
direction given by the Supreme Court on one pretext or other.
•
Agenda of the first police commission report was cheap police force. A constable was
expected to do only unskilled work and routine duties. According to the sec. 23 of the
police Act police are expected to obey and execute all orders and warrants lawfully
issued by a competent authority.
•
Presently police are working 24 hours without taking any break. They have to reach to
crime scene within a minute without good transport facilities.
•
The police force is also grossly inadequate in numbers also. The police population
ratio in India is 1:694 as compared to 1:336 in the US and 1:294 in UK, this
proportion is excluding wastage of force on VIP protection and other prioritized. 137
137
Government of India, “Second Administrative Reform Commission-Public Order”, Ministry of Home Affair,
June-2007
140
•
The main problem which our police system is facing is political interference.
According to David Bayley one of the top expert on police observed that the police
can influence political development by just being deliberately inactive or selectively
active. Actually politicians should understand that they have no role in day to day
functioning of the police force.
As such present police system inevitably promotes unaccountability towards the
public. System is such which sets into motion one-way communication where information
from the lower ranks is extracted without delegating any decision making power which
makes the present police system furthering the goal of surveillance and maintenance of order
as deemed desirable by the higher authorities.
By conferring less power to the lower rank officers, the police were made agents of
state with the ultimate object of maintenance of law and order.
i)
Problems related to General Administration
•
Poor enforcement of laws and general failure of administration.
•
Large gap between aspiration of the people and the opportunities with resultant
deprivation and alienation
•
ii)
Lack of coordination between various government agencies.
Problem related to present police system
•
Political interference
•
Lack of motivation and poor career prospects.
•
Lack of modern technology / methods of investigation.
•
Outdated intelligence gathering techniques and infrastructure.
•
No accountability.
•
Inadequate training
•
Unshakable attitude of arrogance, insensitivity.
•
Variety of functions due to which crime prevention and investigation taking a back
seat.
•
Scarcity of personnel and long working hours.
•
Police-Population rate is very low.
•
Insensitivity to human rights.
•
Deficiencies in transparent recruitment and personal policies.
141
•
Lack of coordination between the investigation and the prosecution agencies.
•
Mistrust about police in people
iii)
Difficulties expressed by the police personnel
•
Excessive workload due to inadequacy of manpower and long working hours even on
holidays.
•
Non cooperative attitude of the public at large.
•
Inadequacy of logistical and forensic backup support.
•
Inadequacy of trained investigative personnel
•
Inadequacy of the state–of –the– art training facilities in investigation particularly in
service training.
•
Lack of coordination with other subsystem of the criminal justice system in crime
prevention, control and search for truth.
•
Lack of laws to deal effectively the emerging areas of crimes such as terrorism,
organized crime and money laundering.
•
Directing police for other task which are not part of the police function.
•
Political and executive interference. 138
Broken window syndromeKelling and Wilson in the article The Atlantic called Broken Windows. They argued
that “rampant crime is the inevitable result of disorder. If a window in a building is broken
and left unrepaired, people walking by will conclude that no one cares and that no one is in
charge. One unrepaired window is an invitation to break more windows and lawlessness
spreads outward from building to streets to entire communities. In the sub way, low level
crimes like fare jumping at similarly as small but unmistakable signals that left unchecked,
invite further chaos. In such an environment, according to kelling and Wilson, citizen’s
complaint often will be met with excuses. Soon citizens stop calling the police, convinced
they can’t do anything.” 139
In the opinion of the researcher, the image of the police in present day is similar to
Broken Window Syndrome. Our police system is as old as Indian civilization. The Britishers
established separate organization to maintain law and order and to obtain information of
138
Government of India, “Second Administrative Reform Commission-Public Order”, (Ministry of Home Affair,
June-2007)
139
Government of India, “Second Administrative Reform Commission-Public Order”, (Ministry of Home Affair,
June-2007)
142
internal situation for their own purpose. The police, who are doing the work of patrolling,
traffic management and serve the public in many different ways are familiar sight in society.
They are only one among many agencies of social control conferred with duties powers and
responsibilities.
Here we must note that the existing police system in India we have borrowed from
Britishers without making necessary changes in it. India is country with ethnic diverse and
also having the background of freedom struggle. Since independence we have an experience
of many serious communal riots. Since 1987 India had experienced the problem of cross
border terrorism, insurgences movement and in effect the internal situation of the country is
not very sound. On this background Need of trained, professional force who can effectively
deal with the situation is felt.
6.5 Role of intelligence agenciesSince long time India is victim of terrorism. One of the allegations is that counter
terrorism failures are failures of intelligence. Intelligence has been conceptualized as
“distinctive type of activity aimed at increase one’s knowledge of an opponent, as well as the
data generated by such activity.” This usage has been adapted from Thomas Troy who
defined intelligence as “knowledge of an enemy”. For an activity to qualify as intelligence it
must necessarily involve a
•
Well define opponent and the
•
Penetration of that opponent’s security system.
this characteristic distinguishes intelligence from any type of other information. If we can
easily obtain the information then that information cannot called as intelligence. Obtaining
secrete information of an enemy is in real sense intelligence. 140
Broadly scholars have divided intelligence into two categories
•
Tactical intelligence. 141
•
Strategic intelligence
140
Prem Mahadevan, “The Politics of Counterterrorism in India”, I.B.Tauris, & Co.Ltd, First South Asian
Edition, 2012.
141
Prem Mahadevan, “The Politics of Counterterrorism in India”, I.B.Tauris, & Co.Ltd, First South Asian
Edition, 2012.
143
Any information which involve long term assessment of the threat that an opponent poses
to national security is known as Strategic Intelligence. As far as terrorist activities are
concerned strategic intelligence requires analysis of past and present trends in terrorist
activity which poses threat to the national security. In every nation the strategic intelligence
helps the policy makers to make changes in the nature of their policies and course of a
terrorist threat. Forming the policy in time helps to curb the threats. Many times these
strategic intelligence agencies do not have the benefits of arrest power. Which reduces their
ability to progress from strategic intelligence to tactical intelligence.
•
Tactical intelligence
Object of the tactical intelligence is to identify and locate the terrorist places to defuse
them by direct action. Many times, in many countries the role of strategic and tactical
intelligence is performed by one intelligence agency only.
In India the intelligence agencies are descendent of British period. Two prime
agencies perform the role of intelligence in India i.e.(IB) Intelligence Bureau and (RAW)
the Research and Analysis Wing, both the agencies play a major role in Indian counter
terrorism efforts. However since last so many decades the performance of IB was criticized.
Both the agencies play a major role in Indian Counter-terrorism and are ‘strategic’ in
nature. These agencies provides national level policy decisions. Unfortunately performance
of these agencies has been negatively impacted by exaggerated demands from intelligence
consumers in the political and military area. These demands create a gap between the
agencies resources and the requirements they are asked to fulfill.
The Intelligence Bureau (IB)Indian intelligence bureau has its roots in policing system created by British colonial
rule to sustain in India. Basically it was premier British intelligence agency linked with
countries politics. Its origin can be traced to the setting up of the Thuggee and Dakaiti
department by Williams Sleeman in 1835, to deal with the crimes committed by thugs and
dacoits. Basically it was a criminal investigation department concerned with above mentioned
crimes.
144
Buthowever after the formation of India National Congress in India in1887, Central
Special Branch was established to collect and interpret secret and political intelligence
received from the provincial special branches setup at police head quarters of the provinces.
The main responsibility of the agency includes reports on all political movement and
publication of seditious literature and religious sects. That time Britishers felt the need of
internal political intelligence on the background of increasing militancy of the freedom
struggle as congress led movements were becoming very strong. The Britishers established
full fledged agency for collection and interpretation of political intelligence. In 1904
Britishers also established Central Criminal Intelligence department to monitor political
movement of congress.
By 1937 IB which was the product of Britishers had developed organized network in
the various parts of provinces to collect political intelligence. During World War II, IB
worked withsubsidiary intelligence agencies of British intelligent services M15 and M16 and
American office of strategic services. However with end of British rule in 1947 and with the
division of India into two parts, role of IB was also undergone change.
In post-independence period, IB suffered major setback as suddenly they felt the loss
of trained man power. Earlier British officers had completely dominated intelligence
management. After their exit,officers who were serving in IB on lower grade promoted to the
senior ranks and left totally directionless. They were not acquainted with the system and also
were not able to take policy decisions. However with the help of political leaders and thinkers
IB tried their level best to achieve image of Supreme Intelligence agency in India. 142
After independence IB reinvented itself as premier agency for collection of
intelligence in newly formed democratic India. IB personnel were posted in various parts of
country. The staff of IB was deployed in sensitive areas, towns & cites. The IB is known for
its strategic exercises during election and conduct election forecast. Initially the IB is attached
to the Union Home Ministry and the director of IB and Deputed Director of IB has got
privileged to have direct access to the Prime Minster of India on daily basis. The Director
brief to the PM on the matter of political importance. The IB forwards its reports to the
142
PK Mallick, “Role of the Armed forces in Internal Security-Time for review”, CLAWS Journal, Winter-2007
145
government of India on monthly, weekly, daily and hourly basis. However the agency is not
supposed to reveal the source of its information.
IB basically deals with security related tasks such as
•
Fighting terrorism.
•
Subversion.
•
Sabotage and espionage.
•
The IB also plays important role in shaping and providing direction to state and
central police organization
•
It also provides valuable political analytical inputs to the ruling party and to its
government
One of the major drawbacks of IB is that, it does not have any legal framework. The
appointment of its director, functions of IB, sharing of intelligence with other agencies and
with state governments is not mentioned clearly in any documents. In 1954, manual was
prepared to codify the relation between the IB and the state special branches. The IB use to
supply to the state special branches information on major political activities and in response
state use take advice of IB on security matters.
According to LP Singh committee the duties were formulated for the IB as follows •
The collection, collation and dissemination of intelligence bearing on national
security, the security of the state and protection the Constitution.
•
Activities prejudicial to sovereignty and integrity of India or the security of the state,
emanating from within the country or from outside, including those involving
espionage, sabotage and subversion.
•
Activities subversive of the system of government established by Constitution of
India.
•
Attempts at subversion of loyalty of public servants.
•
Inter-state tensions and activities likely to affect friendly relations with foreign states,
cause internal disturbances, promote discord on ground religion, race, cast.
However no action was taken on recommendations of the LP Singh committee. Further IB
continued as one of the premier intelligence agency without having any formal legal charter.
146
The Research and Analysis Wing (R&AW)Following the war in 1965 between India & Pakistan, the performance of IB was
highly criticized by Indian military personnel. As a result the proposal was put to create a
special foreign intelligence agency to focus on strategic intelligence. Basically this
organization was created to work under military order but then Prime Minister Indira Gandhi
took a decision to place it under the cabinet secretariat under her personal control, thus on
21stSept RAW was established with Mr. Rameshwarnath Kao as its first chief with 25 odd
staff members. The new agency itself had been formed by splitting the IB from its external
intelligence department. However the (RAW) became more dominant due to its proximity to
Indira Gandhi. Between 1969 and 1974 the (R&AW) achieved the reputation as highly
efficient intelligence service; also it was criticized as the agent of Mrs. Indira Gandhi. 143
The Indian Intelligence Agencies– Issues and Challenges to Maintain Internal Security•
In any state to maintain internal security and to deal with the threats put by foreign
states, intelligence plays very important role. However in India the collection of
intelligence became the work and role of many agencies of the government. Out of
which the IB and R&AW plays very important role.
•
One of the major drawbacks of IndiaIntelligence system is that role of Strategic
intelligence and tactical intelligence is performed by two different agencies. Premier
intelligence agencies like IB and RAW they do the work of strategic intelligence and
tactical work is done by the operational forces. Still we cannot deny the fact that
operational forces like Army, Cr.P.F and police system they also have their own
intelligence sources but information gathered by them is not sufficient to deal with the
problems. There exists huge gap between strategic intelligence and tactical
intelligence.
•
Amongst many reasons one of the reasons for lack of counterterrorist strategies is
inability of local police forces to do independent follow up on intelligence warnings.
The reasons for such inabilities are-
a) Poor operational capacity of the police
143
Prem Mahadevan, “The Politics of Counterterrorism in India”, I.B.Tauris, & Co.Ltd, First South Asian
Edition, 2012.
147
b) Lack of man power
c) Lack of advanced weapons
d) Lack of training
e) Poor communication and transportation facilities.
Hence the police system is heavily dependent on national intelligence agencies for
tactical informational support. In this situation many times deployment of army becomes
essential. Inadequate capabilities of the police results into prolonged deployment of
central military and paramilitary forces in terrorize affected regions.
•
Another reason which affects our counterterrorist efforts is rivalry amongst the
various agencies established for collection of intelligence. Till 1968 the IB was the
key coordinated agency for collection of intelligence and for internal security
management and its advice was never ever ignored. The IB use to look after both
foreign and domestic intelligence. However after the creation of RAW the beginning
of dilution of the IB started. All IB external intelligence gathering functions were
transferred to R &AW.
•
Another development which took place which was to the detriment of IB is hostility
with then Prime Minister Indira Gandhi came to view, after her defeat in the 1977
election. Upon returning to power in 1980, she made the founder chief of RAW her
intelligence adviser which directly resulted into RAW becoming responsible for
collection of intelligence within India also. The creation of RAW undermined the
prestige of IB.
•
These inter agency rivalries and the absences of centralized analysis and assessment
machinery hampered information sharing. This lack of coordination between
intelligence agencies helps terrorist groups to increases their powers. In spite of
receiving accurate predictive assessment from intelligence agencies operational force
fails to assume the responsibility of acting on them. Actually speaking tactical
intelligence is basically a security forces responsibility but they expect national
intelligence agencies to focus on it. Consequently early warning of a terrorist threat do
not automatically translate into an ability to prevent its actual happening.
148
•
The overall Indian intelligence agencies suffer from a lack of checks and balances and
we hardly receive the expected intelligence product. Also the politicization of the
agencies has led to reduction of their efficiency. Once there was a time when
intelligence agencies use to take their own decisions than restricting themselves to the
role of advisory agency.
•
To sum-up we can say that present intelligence system suffers from lack of focus and
direction, poor coordination, uncorroborated reports and lack of professionalism and
motivation.
Reasons for Failures of intelligence Agencies1. Disorganized selection of personnel
2. Poor Human resource management
3. Poor institutional focus on long term security challenges
4. Poor Intelligence assessment
5. High consumer expectations and limited collection capabilities
6. Operational mismanagement
7. Large gaps in intelligence converge
8. Poor evaluation of available intelligence
9. Overlapping collection mandates
10. Lack of long-term planning for resource management
11. Excessive compartmentalization, hindering internal communication
12. Slow transition of intelligence reports to the end users. 144
Lack of coordination between various agenciesThe poor operational co-ordination among intelligence agencies as well as security
forces affects our counter-terrorism policies. Also inter-services rivalry between the local
police and central security forces such as the Army, BSF and CRPF detract from the efficacy
of counter-terrorist efforts. Caught up in their own problems, they lose sight of a bigger
picture. Result is that in spite of giving intelligence in time our security forces fails to take
action.
144
K.M. Mathur,” Crime Human Rights and National Security”, Gyan Publishing House, reprinted in 2011
149
Kargil War-RAW agency responsible for providing external intelligence and also
potential threats of adversary’s military deployment. Consequentially RAW was expected to
provide information of Kargil activities. Unfortunately RAWS network in kargil area it weak
in terms of technological facilities and manpower. Hence intelligence collection within this
area is poor. However IB got certain inputs regarding activities in Kargil area. Director, IB
communicated this information to the Prime Minister, Home Minister, Cabinet secretary,
Home secretary and Director- General Military operations. However this information was not
communicated to the secretary RAW, Chairman JIC and Director General Military
Intelligence.
Director IB expected that this information will be provided to other officials through
Prime Minister’s office. Secretary RAW was appropriate person who would have done
follow up of this intelligence report and would have provided more inputs. Unfortunately this
did not happened. Such lapses and communication gaps affects our counter measures and
preparedness for operations. 145
Intelligence about 26/11 (Mumbai terrorist attack). Recently it was discovered that
British intelligence agencies and American intelligence agencies were having some blurt
reports about 26/11 Mumbai terrorist attack. But no one could bring the information on single
one paper and failed to communicate.
In June 1982, terrorist group called People’s Liberation Army (PLA), an indigenous
group based in the North-Eastern State of Manipur. The IB warned about this group to the
Delhi Police and informed them that PLA activists are planning bombing campaign in the
city. Assuming that the agency actually meant Palestinian Liberation Organization (PLO)
Delhi Police concentrated their focus on Arabs. Delhi Police realized their mistake when they
discovered 3 bombs in the market place and PLA taking their responsibility. 146
In another incident, Military Intelligence Officers in North East area announced that
they have captured senior activists of Salvation Army. Later on it was confirmed that
Salvation Army is internationally recognized charity organization working for people.
145
Government of India, “Kargil Review Committee Report”,(Ministry of Home Affairs) July 1999
146
. Prem Mahadevan, “The Politics of Counterterrorism in India”, I.B.Tauris, & Co.Ltd, First South Asian
Edition, 2012.
150
In July 2000 threat assessment prepared by the auxiliary intelligence bureau in Jammu
and Kashmir. Intelligence warned that Pakistani mercenaries are likely to launch an attack on
pilgrims ofAmaranth Yatra. This assessment was also confirmed by RAW that terrorist group
are likely to attack. However this assessment was ignored by the security forces. Later on
1stAugust terrorist gunned down 22 pilgrims and 13 local people.Later on is admitted by the
security forces that they received an information from intelligence but they were unable to
enhance security due to lack of man power.
Further when police forces neglects basic security drills due to lack of intelligence
warnings it helps the terrorist to advance their target. It shows that in the process of counter
terrorism greater dependency is upon intelligence agencies. Here we can also take an example
of assassination of Mrs. Indira Gandhi. In 1984 Indian army entered into golden temple (holy
place for Sikh community) as per orders given by Mrs. Gandhi. This operation was carried to
battle with khalistani terrorist who entered into temple. During this assault the temple
suffered from considerable damages and it was also against the sentiment of Sikh community.
After this incident the IB asserted that Sikh community blames Mrs. Gandhi for
devastations caused. They warned that there is threat to the life of Mrs. Indira Gandhi from
her Sikh bodyguards. Accordingly 9 bodyguards were posted to other duties. However Mrs.
Indira Gandhi did not believed in it and those bodyguards were reinstated. After this, it was
prime responsibility of the IB to monitor the suspect bodyguards under surveillance. This
duty was delegated to the Delhi police. But unfortunately she was attacked and killed by her
Sikh bodyguard. This is clear cut example of absence of operational work after receiving
warnings from intelligence agencies. 147
In this connection we can take one more example of failure of Delhi police to take
serious note of RAW warning about a threat to the then prime minister Rajiv Gandhi.On 2nd
October 1986 before he attended public function in Punjab, specific information that there is
a possibility of attack in the function venue. But as RAW had previously given similar
warnings,Delhi police did not take the information seriously. But attack actual took place and
again the Delhi police original face came in front.
There is also complaint against intelligences agencies that warnings which are issued
from them are very vague according to officers of the special protection groups, who
147
. Government of India, “Kargil Review Committee”, (Ministry of Home Affairs) July 1999
151
areresponsible for the security of very very important person. Intelligence assessment keep
telling the possibility of VIP persons being targeted by assassins cannot be ruled out.
According themthese warningsare like astrological forecast.
Basically we need to understand that agencies like IB and R&AW are bureaucratic
institutions which are built to operate lengthy intelligence;their primary function is to collect
information of long terms or strategic value. Their work is not time bound. They can only
predict possibility of attacks. This mean that their products are not time sensitive but the
requirement of prevention of terrorist attack are time sensitive. There is difference between
intelligence ‘collection’ and action based on intelligence collection. Intelligence collection is
basically national level function carried out by professional agencies like IB and R&RW in a
planned manner in complete secrecy. It is called as ‘strategic intelligence.’
Whereasaction based on intelligence collection is local function performed in Adhoc
manner by units of the security forces. Intelligence gathering plays very important role in
undermining the effectiveness of terrorist counter intelligence. There output depends on
prisoner interrogations, paid information, document seizures, field level communication, and
interception. When this information is passed out the role of tactical intelligence comes into
picture. So both strategic and tactic intelligence are depended on each another for
successfully counter terrorism effect there should be good coordination between two agencies
To undermine the terrorist counterintelligence Indian intelligence agencies create
condition where by local security forces can penetrate terrorist group at their own level,
without all ways taking recourse to offensive action. Thus a balance can be achieved between
strategic and tactical intelligence. The only way to prevent terrorist activity is to empower
security forces to meet there own informational requirements with aggressive follow up
assessment done by national agencies like IB and R&RW.
Political interferences –
From above mention discussions what we have under stood is that intelligence
agencies like IB and R&RW are meant for intelligence gathering but at the same time we
should not ignore the fact that both the agencies are working under the department of Home
Ministry and obviously
there is lots of political interferes and pressure in working of
agencies. Counter terrorist efforts gets affected by political interference. The assessment of
intelligence agencies should get serious attention by the government if assessment are ignore
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by the government then the role of intelligence agencies is confined only up to the
intelligence collection. Adoption of the offensive counter terrorist policies by the government
based upon assessment is a need of time.
6.6 Existing Security infrastructureDepartment of Union Home MinistryHome Ministry Department was created in British Era only. At that time it was very
small department and its function was only to maintained law and order in the society
however the New Ministry of Home Affairs conferred with enlarged function and was
created after the adoption of the Constitution of India in 1950. This ministry was recognized
by the administrative reforms commission in the year 1960.
Department of personal was created to deal with recruitment process of other services
but the Indian Police service remained under the purview of ministry of home affairs. MHA
deals with law and order concerns and also with some complex issues one of which is portion
development of the scheduled cast and scheduled types.
Departments of Ministry of Home Affairs1. Department of Border management
2. Department of Internal Security
3. Department of J & K
4. Department of Home
5. Department of Official language
6. Department of states.
Department of internal security deals with following matters1. Indian Police Service
2. Central police Forces
3. Internal security
4. Law and Order
5. Insurgency
6. Terrorism
7. Naxalism
8. Grant of visa
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9. Immigration
In Annual Report Home Ministry notes that public order and police are in the state list of
the 7th schedule of the constitution but Art.355 of the Constitution entrusts the Union
Government with the overriding task of protecting the state against external aggression and
internal disturbance, and of ensuring that governance in every state is carried on in
accordance with the constitutional provisions. Hence the MHA extends it’s man power,
financial resources, guidance and expertise to the state governments with the object of
maintaining peace and security without encroaching on the rights of state government.
The MHA work is divided between various parts i.e.Department of Internal Security, the
Department of State, the Department of Official Language, Department of Home
andDepartment of Jammu and Kashmir.
Union Home Ministry also appointed Intelligence committee at the central level to look
into internal security issues and to monitor the all India situation from time to time, to
anticipate problem and to do preparation to deal with them.
Activities of Ministry of Home Affairs This ministry deals with matters relating to central-state relation ,central police
organization which also includes intelligence bureau, human rights ,national integration
,communal harmony ,police planning and intelligence evaluation,security polices in the north
east Areas,the Indian police service. These subjects are divided into 21 function division. The
union home ministry is assisted by two ministries of state, home secretary; two social
secretaries and an array of join secrecies, directors and other staff. The approximate annual
budget of the ministry is over 21,000 crore.
The major issues which are handle by the union home ministry are Pak sponsored
terrorism in Jammu and Kashmir, extremely supported subversive activities in North East, the
violence by leftwing extremism, internal dynamics of cast and communities are also
important matters. This ministry in itsAnnual Reports also mentions the aspects of communal
violence, leftwing extremism and north east activities. Ministry also undertakes function of
increasing the strength of the Central Paramilitary forces and provides them with modern
weaponry and communication. At the same time ministry also increased central financial
assistants to state governments to modernize their police force. Ministry has
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providedassistance to state governments from Rs 200 crore to 1000 crore since last ten years.
Ministry also revamped the intelligence apparatus.
Apart from handling the function and law and order management and police
formulation,Ministry is the “Cadre Controlling” authority of the all India Service. Further
ministry also exercises its control over the posting, promotions and transfer of the IPS
officers. The department of police planning division is attached to the union home ministry
which looks after matters relating to policy formulation in respect of counter terrorism,
international covenants, bilateral assistance treaties and related work. The ministry is
empowered with various departments to carried out these activities.
Central Police OrganizationThis organization under the MHA is divided in to three parts (a) law and order and
security forces, (b) Criminal investigation and intelligence and (c) agencies for
communication, training ,research and scientific support. The central police force falls under
the 1st categories, central bureau of investigation (CBI), intelligence bureau (IB), narcotics
control bureau (NCB) and serious frauds investigation office (SFIO) falls under the 2nd
category. And 3rd national police academy (NPA), bureau of police research and development
(BPR&D) national crime records bureau falls under the 3rd category.
Central Police Forces
There are seven central forces under the ministry of Home Affairs. They are
•
Assam rifles (AR)
•
Border Security Force (BSF)
•
Central Industrial Security force (CISF)
•
Central Reserve Police Force (CRPF)
•
Indo – Tibetan border police force (ITBP)
•
National Security Guards (NSG)
•
Sashastra Seema bal (SSB)
Central reserve police force (CRPF)
Amongst all these force CRPF is main force to assist state government in matter
relating to law and order and internal security management. The rapid action force is
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specialized force of CRPF which deals with riots, communal tension. Initial this force was
known as Crown Representative Police but later on its name was changed as CRPF. Presently
this force contains 191 battalions and 1 special duty group , 35 groups centers, 12 training
institution , three base hospitals , seven arms work shop and two central weapons stores. It is
one of the largest central paramilitary force. Presently the force is handling following range
of duties
•
Maintained of law and order
•
Counter insurgence
•
Anti militancy
•
Anti terrorism operation
These four forces very important role in assisting state in maintain public order and
countering subversive activities. Sometimes CRPF personal also perform guard duties at
some vital installation and buildings including various shrines. The modernization plan of
CRPF has also been sanctioned to include sophisticated arms , amuation and other
equipments. It is very interesting to know that 42nd amendment in the constitution authorized
the central government to deployed arms forces of the union to deal with grave situations of
law and order in the states also in this situations they will work under the direction of central
government and will not be the subject of state government.
Right interpretation of this amendment suggest that central government can deploy
paramilitary forces on their own by encroaching on the power of state government. However
according to the 44th amendment it was laid down that forces cannot be deployed without the
permission of state government.
Assam rifles (AR)
This is one of the oldest police force established in 1835 with the head quarters at
shilong. This force has 46 battalions, one training center; three maintains groups and other
units. This force has double duty in maintaining internal security in north eastern region and
guarding the indo - Myanmar border.
Border security force (BSF)
This force was established in 1965 with 25 battalions. Object of this force was to
avoid multiplicity of forces guarding the Indian borders. Over the years the force has grown
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and now it has 157 battalions with seven companies each, five major training institution, nine
subsidy training center, for minor training institution, to basic training center and one recruit
training center. This force looks after international border of Pakistan and Bangladesh. It is
also deployed on the line of control in Jammu and Kashmir.
Central Industrial Securityforce (CISF)
This force was raised in 1969 for providing security to 301 Undertakings and fire
protection to cover 74 establishments. The special task of airport security was assigned to it
on the background of hijacking of the Indian Airline flight to Kandahar in 2001. Important
government establishment in Delhi are taken care by the force. Further force also provides
security to VIP
Indo – Tibetan border police force (ITBP)
This force was established in 1962 in the wake of the India China conflict. Presently it
has 25 battalions with four specialized battalions.
Sashastra Seema Bal (SSB)
This force was established in 1963. Due to loss of war with china in 1963 Indian
people started criticizing the performance of military forces. Therefore this force was created
to build peoples morale and spirit of resistance in the border population against threat of
subversion, infiltration across the border. This force was given the duty of border guarding of
indo – Nepal and indo – Bhutan border.
National security guards (NSG)
NSG was set up in 1984 based on the pattern of SAS in United kingdom. This force is
a task orient force. Personnel are specially trained for special task like counter terrorism,
hijacking and other emergency operation.
India reserve battalions (IR)
Due to over burden on CPF the IR was created. The object of IR was to meet the
increasing demands from the various state for the deployment of central paramilitary forces
for the maintains of law and order. These are an integral part of the arm police of the state for
which they are sanctioned by government of India. Till the year 2000 there were 35 IR
battalions. In the year 2008 25 more battalions were added. This addition was specifically
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done to support and supplement other military forces. Even though these battalions are
working under state government till government of India has got authority to deployed this
forces in any other state .
Likewise there is existence of huge and growing force of centralize paramilitary
forces. The paramilitary forces are frequently deployed in states to aid the civil administration
but in some parts of India they have become permanent fixtures like Jammu and
Kashmir,Northeastern states. If we try to analyze the situation it is very clear that deployment
of forces undermines the civil police in that area and they becomes more reluctant to work.
The predominant role of the union government is as per the constitution of India but
we cannot ignore the fact that it is due to in ability of state government to maintained law and
order according to the spirit of constitution. According to the constitution these paramilitary
forces are maintain for protection of nation security but due to article 35 of the Indian
constitution they also attracts the duty of maintaining law and order in various states. These
paramilitary force are specialized agencies in emergency situation. They should not displace
local police agencies which are vital for law and order management. 148
Issues related to Union Home Ministry in maintaining Internal Security1. Absence of clear cut role in maintaining internal security.
2. Role of Union Ministry is limited to provide financial assistance, deployment of para
military forces upon the request and lay down guidelines.
3. Lack of co-ordination with state governments.
4. Home Ministry headed by Political leaders.
5. Many times political ideology affects the decision making power. Like India’s stance
in very soft against Pak-sponsored terrorism.
In spite of all these things, Union Home Ministry has prominent role in maintaing
internal security. Union Home Ministry has got trained Para-military forces to deal
with urgent situation.
The National Security Council-
148
Arvind Verma & KS Subramanian, “Understanding the Police in India”, Lexis Nexis, Delhi, Second
edition-2014 (details of all forces)
158
The National Security Council was established in 1998. This council is a towering
political body, which is chaired by the Prime Minister of India with Union Ministers who are
directly concerned with the National security issue like Home Minister, the external affair
minister, the Defense minister and Finance Minister. National Security Advisor is also a
member of NSC. This council looks into the political, economic, energy and strategic security
concerned and give advice to the Union Cabinet.
•
Mainly the focus of council is on integrated deliberations and coordinated functions of
the political, military, diplomatic, scientific and technological resources of the state to
promote and protect National Security Goals.
•
Advice to the Government on sensitive matter pertaining to foreign policies.
Council is assisted by following three groups
1. The Strategic policy Group
The Strategic policy group undertakes strategic defense and national security reviews,
assesses short and long term policy threats and advice on possible options. It is a first
level of the three tire orgenisation of the NSC. This group is headed by the Cabinet
Secretary and its membership includes secretaries of important ministries like Home,
Defense, Production and External Affair.
2. The Joint Intelligence Committee
This committee receives and analyzes the intelligence data obtained from IB, RAW,
the Defense Intelligence agencies and the Directorate of Defense Intelligence (Army,
Navy and Air) and gives its assessment. In essence, it co-coordinates intelligence
obtained from all government agencies i.e. civilian and military.
3. The National Security Advisory Board
This Board consists of persons of eminence with expertise in strategic analysis on
areas such as external and internal security, foreign affairs, defense, science and
technology and economic fields. The Board provides long-term prediction
and
analysis to the NSC based on informed advice and also provides solutions. The Board
is chaired by person of eminence, appointed by the Prime Minister. Its membership
varies between 18 to 30.
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National Security AdvisorThe National Security Advisor is a Principal Advisor to the Prime Minister, The
Cabinet ministers and NSC on internal and international security related issues, also inter
country matters of strategic importance. National Security Advisor is a key post for effective
functioning of the NSC. All the Chief of intelligence agencies reports to the NSA. NSA also
co-ordinate intelligence to facilitate comprehensive understanding and briefing on all
strategic issues.
Defense Intelligence AgencyDefense Intelligence agency was established in the year 2002 with an object to coordinate and synergize the intelligence wings of the Armed Forces. This agency provides
integrated intelligence inputs and common assessment of strategic intelligence inputs to the
higher echelons of Defense Management. DIA Also collects tactical intelligence in
neighboring countries in co-ordination with RAW. 149
Although presently many agencies and bodies are working for National and
Internal Security, present system suffers from lack of co-ordination and concentrated
efforts by all for maintaining internal security. Criminal justice involves various
activities spread over different department of governance. Policing which also includes
crime prevention measures, traffic control, forensic laboratories and investigation
entrusted to Home Ministry. Criminal courts and Prosecution is looked after by Law
Ministry. Juvenile justice and prison correction institutions are under ministry of Social
Welfare.
There is little co-ordination amongst all these departments often leading delay in
providing information in time, delay in action plan which frustrate the object of defeat
the enemy. Different segments of the criminal justice system have not been able to
optimally perform because of the lack of planning and inability to provide intersegment co-ordination.
149
Government of India, “Commission on Center-State relation- Internal Security, Criminal Justice and Centerstate relations”, Volume 3, Ministry of Home affairs, March 2010 (Details of all bodies)
160
Whereas the emerging crime scenario seriously threatens internal security as
well as national security and warranting a joint action and policies from Union and
State on the basis of clear objectives.
Summary of ChapterWhen the security of Nation is on threshold then we look towards Criminal Justice
System of the state as a means to provide solution. In this chapter, researcher studied and
reviewed various organs / bodies and authorities responsible for maintenance of Internal
Security which includes police, Ministry of Home Affairs, Intelligence Agencies, National
Security Advisor, and National Security Council.
Basically this chapter brings to the notice lack of co-ordination and co-operation
amongst various agencies and authorities. Our present system is a mixture of all bodies and
authorities which lacks coordination and co-operation. All authorities are working in water
tight compartments without check and balance which ultimately affecting security of our
nation. Therefore it is necessary to study role and responsibilities of each Body / Organ /
Authority and necessary changes should be made in order to bring effectiveness in the system
through proper suggestions.
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