BESIDES losing no further time in enlarging and upgrading the state police forces, there must also be no further delay in carrying through the very long awaited police Reforms. In this context it may not be out of place to recall that, for the past several decades, the states have failed to accept the Union Home Ministry’s repeated exhortations regarding the crucial need for implementing police reforms. It is a matter for both shame and grave concern that after over six decades since independence, almost all the state police organization function within a law which was enacted by our colonial masters a century and a half ago!
Most state have also not so far implemented the Superme Court’s direction for carrying out fundamental reforms in regard to the functioning of the police. In the Chief Minister’s Conference on internal security held in 2010, it was disclosed that 22 states have not yet enacted a new police act; 19 states have not yet to set up police complaints authorities ; 24 states have not yet established state security commissions; most states have not yet segregated the law and order and investigation functions nor set up separate intelligence and Anti-Terrorist wings.
It also needs being noted that internal security cannot be effectively managed unless the entire framework of the Criminal Justice system function with speed, fairness and transparent honestly. As per recent reports, over two crore criminal cases were awaiting trail and an equal number of crimes were pending investigation. This situation alongside progressively declining conviction rates has rightly contributed to the public perception that crime is ‘a low risk, high profit business.’
Besides the enormous logistical inadequacies which mar the functioning of the justice delivery system, the integrity of the subordinate judiciary has become increasingly disreputable and recently serious allegation have been raised against even those who man the highest echelons in the judicial system, up to the august level of the chief justice of India. It is unnecessary to debate that the most urgent steps need to be taken to enforce judicial standards and account-ability clean up the entire justice administration apparatus and enlarge and strengthen it adequately to deliver speedy and effective justice.
Another cause for serious concern is that while we continue to live with a good number of outdated laws, many of which were enacted during the colonial period or in the early years of our independence, we still do not have an adequately comprehensive law applicable to the entire country, which can effectively meet the requirements of dealing with terrorist offences, cyber crimes and the speedily growing criminality which poses a grave threat to the very unity and integrity of our country.
Economic offences & corruption
It is necessary that a well considered law, enforceable in the entire country, is enacted on the most urgent basis. We also need a comprehensive law for dealing with serious economic offences which, if prevented controlled and firmly dealt with deterrent steps; would have the potential of suddenly disrupting the entire national economy.
It also needs to be kept in view that varied threats to national security originate from corruption in the administrative system. In the past years several major scams and scandals have been brought to light. As per the Corruption index recently released by Transparency inter national, India’s position has further declined since 2009 and now stands at number 87 in a list of 178 countries. Corruption retards progress and breeds delay, inefficiency and unaccountability in the governmental machinery. A corrupt administration generates frustration anger and disgust among the people, paving the way for their alienation and attraction to extremist ideologies.
Further, the corrupt elements in the governance systems, who enjoy close linkages with known criminal and anti-national elements, have the opportunity of sabotaging and subverting the highest national interests from within the establishments in which they are entrenched. The center and the states need to consider the most urgent and ruthless measure for eliminating corruption at all leaves, starting from the top-most echelons in all arenas of functioning, including the judicial system.
As regards the subversion of security interests from within the governmental systems it may not be out of place to recall that, after the Mumbai serial blasts in march 1993, the central government had set up an inter-Ministerial Committee (chaired by the union home secretary) to ascertain, inter alia, how the Dawood Ibrahim criminal gang had succeeded in bringing several tons of RDX into Mumbai city to carry out the bombings. This committee had concluded (reffered to as the ‘vohra committee report’ or the ‘criminal nexus report’) that criminal activities can be carried out virtually unfettered because of the existence, in several parts of India, of an unwholesome nexus between corrupt politicians, dishonest public servants and organized crime/mafia gangs.
It would be beneficial to urgently review and determine whether adequate allow-up action was taken in furtherance of the conclusion arrived at by this committee and if not, what more needs to be done. In my opinion the said criminal nexus, which has very significantly spread in its scale and strength since 1993 is the source of grave threats ti national security.
Trained manpower
Another area of serious concern relates to the lack of adequately trained and experienced functionaries who could be suitably deployed to man the nation-wide security administration apparatus. For meeting this objective it shall be necessary, in the first instance, to raise a cadre of functionaries who have been especially trained for operating the agencies of the central security apparatus all over the country. So far, only the intelligence Bureau in the union home ministry has a cadre of deputationist Indian police service officers who comprise the core cadre of the Bureau and are thus eneble to spend their entire careers in this agency, other things being equal. The external intelligence agency R&AW, which has been in existence for over four decades now, has been facing serious personnel-related problems foe having failed to develop a trained and trustworthy cadre.
It is a matter for serious concern that despite the grave threats to the country in the past years it has still to be accepted that the effective management of national security cannot be entrusted to persons who do not have adequate training, experience and the aptitude for working in this important arena.
It is ,therefore, necessary that the highest priority is accorded to raising a pool of adequately trained experienced and trustworthy functionaries, who can be assigned to man the posts in the entire security management apparatus, all over the country.
In this context I had proposed (report of the government of India task force on internal security; September 2000) a broad framework for raising a pool of trained officers for manning the Central government security administration machinery. The group of minister, chaired by the union home minister, had approved the approach recommended by me. This was in early 2001. Nearly a decade has since elapsed and the GoMs decision has still to be implemented. It is evident that this matter is not considered important enough to merit any attention.
I would conclude by reiterating the following aspects:
India faces serious security threats from numerous sources, from within the country and across its frontiers.
The states have not displayed the requisite political commitment to devote the required attention of effectively manage Internal security. Consequently, the state police force have limited demonstrated capacity to deal with serious Internal security situations on their own.
Within the Union-states understandings, which have so far evolved in the arena of national security management, the Central Government does not have the authority to suo motu deploy central police forces to timely deal with an emerging disorder in any state, notwithstanding the union’s duty to protect</strong