Law Enforcement Technologies In India

Law enforcement plays a crucial role in maintaining law and order situation in a region. In India, the law enforcement responsibility is managed by numerous law enforcement agencies. Indian Constitution has demarcated law enforcement subject as a matter of State List. This means that a majority of law enforcement functions in various States are performed by respective State.

There are some functions that are closely related to law enforcement responsibilities and that require a unified approach. To take care of such issues, the Union Ministry of Home Affairs acts in a centralised manner.

The Union Home Ministry of India has prescribed many intelligence and law enforcement related projects that rely upon information and communication technology (ICT). These include projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), national counter terrorism centre (NCTC), etc.

Besides, projects like central monitoring system, centre for communication security research and monitoring (CCSRM), Aadhar/UID, national cyber coordination centre (NCCC) of India, national critical information infrastructure protection centre (NCIPC) of India, etc are also in pipeline.

All these efforts are praiseworthy and deserve public support. However, all of these projects are suffering from a common constitutional problem. None of these projects are governed by any constitutionally sound legal framework. These projects must maintain a balance between civil liberties and national security requirements. This balance is presently missing and these projects are operating with great disregard to constitutional rights and freedoms and human rights.

Similarly, we have no constitutionally sound legal framework for law enforcement and intelligence agencies of India. Parliamentary oversight of intelligence and law enforcement agencies of India is missing. After all intelligence gathering is not above right to privacy in all circumstances.

Take the example of the central bureau of investigation (CBI) and intelligence agencies like intelligence bureau (IB) of India. The Indian government is not willing to bring transparency and accountability regarding law enforcement and intelligence agencies of India.

The recent private bill titled intelligence services (powers and regulation) bill, 2011 was shelved out by none other than the Indian Prime Minister Dr. Manmohan Singh who announced that law on intelligence agencies would be formulated soon. However, it proved nothing but a “time gaining tactics” and so far intelligence agencies of India are not governed by any legal framework and parliamentary oversight. Interestingly, even the central bureau of investigation (CBI) is riding the same boat. The draft central bureau of investigation act, 2010 is another example where the Indian government is just interested in making “declaration” with no actual “intention” to implement the same. It is high time to show political will to tackle these crucial and controversial issues as they cannot be ignored any more.

In our subsequent posts, we would cover the techno legal aspects of intelligence and law enforcement agencies of India.

Parliamentary Oversight Of Intelligence Agencies Of India Is Missing

This is an opinion piece that first appeared in Google news but was censored by Google within an hour of its publication. This act of Google is a gross violation of civil liberties in general and right to speech and expression in particular. We are not even sure whether Google would keep this article in search engine results pages (SERPs) and blog search.

In order to make available this article to the widest possible audience, we are publishing this piece of article at our blog. Though, originally it was intended to be an exclusive article for “Cjnews India” but we are hereby forced to post it at our own blog keeping in mind the increasingly succumbing nature of Google before Indian government. We apologise for cross posting to our readers in general and “Cjnews India” in particular.

In this exclusive guest column, Praveen Dalal, leading techno legal expert of Asia and Managing Partner of India’s exclusive techno legal ICT Law Firm Perry4Law, has shared his viewpoints about the growing needs of parliamentary oversight of intelligence agencies and law enforcement agencies of India.

Indian Government is too reluctant to ensure Parliamentary Oversight for Intelligence Agencies and Law Enforcement Agencies of India. If this is not enough, Indian Government has been launching new Projects having serious “Constitutional Ramifications” and “Civil Liberties Violation” effects.

For instance, the National Counter Terrorism Centre (NCTC) Project of India, National Intelligence Grid (Natgrid) Project of India, Aadhar Project of India, Crime and Criminal Tracking Network and System (CCTNS), etc are not governed by any Legal Framework and Parliamentary Oversight. Indian Government is not willing to understand and accept that Intelligence Work is not an excuse for Non Accountability.

For some strange reasons Intelligence Infrastructure of India has become synonymous for Non Accountability and Mess. There is neither any Parliamentary Oversight nor and Transparency and Accountability of the working of Intelligence Agencies of India.

Even a basic level effort to enact a Legal Framework for Intelligence Agencies of India is missing in India. The first and foremost challenge to such Parliamentary Oversight mechanism comes from the Intelligence Agencies themselves that do not wish to be governed by any Rules and Norms at all.

Then we have “Bureaucratic Hurdles” in India that do not allow such a Legal Framework to be proceeded with. Finally, the Parliament of India itself is not interested in bringing these Intelligence Agencies within the fold of Parliamentary Oversight.

Take the example of the recent Private Bill titled Intelligence Services (Powers and Regulation) Bill, 2011. It was shelved out by none other than the Indian Prime Minister Dr. Manmohan Singh who announced that Law on Intelligence Agencies would be formulated soon. However, it proved nothing but a “Time Gaining Tactics” and so far Intelligence Agencies of India are not governed by any Legal Framework and Parliamentary Oversight.

Interestingly, even the Central Bureau of Investigation (CBI) is riding the same boat. The Draft Central Bureau of Investigation Act, 2010 is another example where the Indian Government is just interested in making “Declaration” with no actual “Intention” to implement the same.

In these circumstances, can the States trust the Centre regarding the establishment of National Counter Terrorism Centre (NCTC) of India? The answer is definitely negative even if States keep their “Political Interests” aside. This is also the reason why NCTC is facing stiff oppositions. Of course, there are “Practical Difficulties” and “Internal Turf War” among various Agencies and Ministries of Central Government a well. It seems the obvious but unsolvable Terrorism Dilemma in India would continue as National Interest of India and fighting Terrorism is not a “National Priority”.

Till now the constitutionality of the National Investigation Agency Act 2008 (NIAA 2008) has not been accepted by States and now NCTC has been launched through an “Executive Order”. The practice of clubbing new Projects, Agencies and Institutions with existing laws is a bad approach. So NCTC without a Legal Framework is definitely Unconstitutional and even tagging it with the Unlawful Activities (Prevention) Act, 1967 would not save it from the Patent and Apparent Unconstitutionality with which it is suffering.