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The National Investigation Agency (NIA) and Civil Aviation Security: An Overview
The National Investigation Agency (NIA) recently came into limelight after registering a case against a Khalistani Terrorist and Sikhs for Justice (SFJ) founder due to a threat made against Air India. The SFJ, which has been banned since 2019 as an “unlawful association”, was incriminated by the NIA under the provisions of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act.
Understanding NIA: Objectives, Establishment, and Functions
Established in 2009 following the Mumbai terrorist attacks, the NIA is a central institution responsible for probing crimes related to terrorism, insurgency, and other national security matters. Its creation was directed by the National Investigation Agency Act, 2008, which later experienced amendments in July 2019 with the National Investigation Agency (Amendment) Act, 2019.
As a federal agency under the Ministry of Home Affairs, its jurisdiction is nationwide, unlike individual state police forces, enabling it to investigate cases across different states without needing prior permission from the state governments. It serves as a coordinating link between various law enforcement agencies within India and abroad concerning matters of terrorism and national security.
Investigations of terrorism-related cases can be transferred to NIA from local police forces or other departments. Furthermore, both the state and central government can refer cases concerning scheduled offences to NIA for investigation under Section 6 of the NIA Act 2008. Special provisions are in place to address Left Wing Extremism cases and terror financing. In certain instances where additional offences are discovered during ongoing investigations, the NIA is empowered to explore these as well.
Civil Aviation Security in India: Regulation and Measures
Civil aviation security encompasses measures put in place to protect civil aviation from unlawful activities, namely terrorist attacks, hijackings, sabotage, and other potential threats. These protocols aim to ensure the protection of passengers, crew members, aircraft, and airport facilities.
The Bureau of Civil Aviation Security (BCAS), set up in 1978, functions as the national regulator for civil aviation security in India. It was converted into an independent department under the Ministry of Civil Aviation in 1987 following a reorganization. Furthermore, the Directorate General of Civil Aviation (DGCA) plays a significant role in regulating air transport services within and outside India and enforcing civil air regulations and safety standards.
To strengthen civil aviation security, the Ministry of Civil Aviation introduced the Aircraft (Security) Rules, 2023, aligning its efforts with international conventions. One such convention is the Convention on International Civil Aviation, also known as the Chicago Convention. Established in 1944, this convention serves as the guiding treaty for international civil aviation, outlining principles and standards for safe and systematic development and including provisions related to aviation security.