In recent developments, the Union Home Minister announced that by 2024, all states in India will have National Investigation Agency (NIA) offices as part of a strategy to counteract terrorism. This decision was made during a two-day ‘Chintan Shivir’ event intended for developing an action plan for ‘Vision 2047’ and ‘Panch Pran’, as announced by the Prime Minister during the Independence Day Speech.
Highlights of the Address
The address brought to light several key points. Firstly, the National Intelligence Grid (NATGRID), which is now operational and brings together datasets from eleven different agencies on a shared platform, needs to be better utilized by the states. Secondly, proposed amendments to the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) are soon to be introduced to Parliament, aiming at revamping the Criminal Justice System.
The concept of “one data, one entry” was emphasized, emphasizing the importance of coordinating border and coastal security with central agencies and security forces. It also mentioned the need for optimal utilization of internal security resources in responding to national challenges.
Under the principle of “one data, one entry”, various organizations have been entrusted to maintain national databases related to different crimes – the NIA for terror activities, Enforcement Directorate for financial crimes, and the Narcotics Control Bureau (NCB) for narco crimes.
Finally, the amendments to the Foreign Contribution Regulation Act (FCRA) in 2020 have resulted in preventing the misuse of foreign funding and have allowed for effective monitoring of the same.
Issues with Law-and-Order Situation in India
Numerous issues plague the law and order situation in India. A primary issue is the lack of coordination among various government agencies and a general failure of administration. In policing, problems such as unwarranted political interference, lack of modern technology/methods of investigation, lack of empowerment, and poor infrastructure persist.
The organizational behavior displays issues such as lack of proper training and prevalent attitudes of arrogance and insensitivity. Ethical issues include various forms of corruption, collusion, extortion, human rights insensitivity, and lack of transparent recruitment.
The prosecution and judicial process also face several challenges. For instance, public prosecutors often do not attract the best talent, there is a lack of coordination between the investigation and the prosecution agencies, and there is general mistrust of police in admitting evidence. Additionally, a large number of cases are pending, and the conviction rates are low.
Related Constitutional and Legal Provisions
Law and order falls under the State subject according to the Seventh Schedule of Constitution. However, the Ministry of Home Affairs (MHA) can intervene for issues concerning national security. Advisories are frequently sent from the Ministry to the States.
The primary duty of preventing, detecting, registering, investigating crime, and prosecuting criminals lies with the State Governments. The Central Government aids the efforts by providing financial assistance for modernization of Police Forces. Regular intelligence inputs are shared by Central Security and Intelligence Agencies with State Law Enforcement Agencies.
About National Investigation Agency (NIA)
The NIA is the Central Counter-Terrorism Law Enforcement Agency of India that was constituted under the NIA Act, 2008. The agency is responsible for investigating offenses affecting India’s sovereignty, security, and integrity. This includes maintaining friendly relations with foreign states, protecting against atomic and nuclear facilities, smuggling of arms, drugs, fake Indian currency, and infiltrations from across the borders.
The agency is empowered to carry out investigations of terror-related crimes across states without needing special permissions.
Way Forward
Acknowledging the changing nature and increasingly borderless nature of crimes, it is now crucial for states to collaborate on a common strategy. This requires cooperation, coordination, and collaboration between the Centre and the States under the spirit of ‘Cooperative Federalism’.
To conclude, internal challenges, especially cross-border cyber-attacks, pose significant threats to India’s security. Therefore, defensive measures against such sophisticated attacks are essential in safeguarding the nation.