User:AbhisheksinghWIKI/Law and Order(India)

Law and Order comes under the Ministry of Home affairs' Department of Internal Security in India. As such law and order and internal security are managed under one umbrella at the level of the Union Government. However, 'Police' and 'Public Order' are matters of State Governance and not Union governance, according to Schedule VII, making the management of law and order in India complex. Even Prime Minister Manmohan Singh of India has highlighted, to the bureaucracy, that Naxalite activity, terrorism and communal tensions along with crimes against Scheduled Castes, Scheduled Tribes, minorities and women as some of the critical areas of law and order problem in India today.

Background

Main article: Politics of India

India is a large country with complex religious, political, ethnic, geographical, historic and social dynamics. India, although predominantly Hindu, is home to practitioners of many religions. Islam and Sikhism being practiced in substantial numbers, conflicts between the different religious groups of India can be traced back centuries. The Constitution of India designed a federal structure for the country giving rise to complex center-state relations. Several commissions have been designated to improve the relations but the optimum solution still evades the country and two forms of separatist movements still dominate India - secession from India and creation of independent state and/or areas. Similarly India is a land of diverse people with different ethnic and cultural backgrounds giving further room for discord between them often leading to violence between communities and sub-groups. Given the geographical location of the country, the history of partition with Pakistan, Bangladesh and disputes with China about Tibet, border disputes with neighbors are also a problem for India. Although some have led to war, some have led to cross-border terrorism. Historically, India is an evolution of different areas, culture and people converging towards a common sense of nationalism during the British Rule. As such the country called India is fairly new compared to the local identities of its people, giving rise to secessionist tendencies among certain groups.

History

Main article: Partition of India

Main article: Political integration of India

The history of Law and Order problems in India is as old as the country itself, in its current form, i.e. from 15th August 1947. Immediately upon independence from the British, India had the problem of Hindu-Muslim riots (in East Pakistan) and Muslim-Sikh riots (in West Pakistan). Issues of integration of princely states of India was largely peaceful except for the three states of Junagarh, Hyderabad and Kashmir. These created further unrest in the country often leading to controversial methods and outcomes with people on both sides of the Radcliffe line trying to protect their own interests at the cost of the people on the other side. Almost 500,000 deaths and tens of millions of refugees split across two countries(by conservative estimates) was the starting of the law and order problems in India. Major events since then have been like Khalistan demand in the 1970s and 1980s, North-East insurgencies, ongoing Kashmir issues, communal riots of the 1990s and integration, division and further subdivision of states over the years. All along drugs, human trafficking, crimes against minorities, women, children and environment have continued making Internal Security one of the biggest challenges for India, managed by corrupt bureaucracy and law enforcement agencies.

Law and Order Management in India

Government of India is divided into the Legislative, the Executive and the Judiciary wings, with each performing its respective roles in management of internal security and law and order of India.

National Security Council comprising of the Strategic Policy Group, the National Security Advisory Board and a Secretariat represented by the Joint Intelligence Committee (India) is the apex agency looking into the overall security (both internal and external security of India) Law and Order itself comes under the Ministry of Home affairs' Department of Internal Security in India.

For the Executive, the Ministry of Home Affairs is responsible for internal security of India and enactment of laws for the functioning of the criminal justice system in the country.

Several laws have been enacted to ensure general peace in India, maintain law and order and maintain its national integrity. Several law enforcement agencies have been created to tackle the problem of maintaining law and order in the country. Crimes are managed separately by the Criminal courts of the country.

Organization Structure

Ministry of Home Affairs is administratively responsible for the following

• Union-state relations (managed by Department of States),
• Police, law and order and rehabilitation (managed by Department of Internal Security) and
• Borders, including coastal borders (managed by Department of Border Management)
• Jammu & Kashmir Affairs (managed by Department of J & K Affairs)

Each department of MHA may have further sub-groups called Divisions. Some relevant divisions of MHA are

• Border Management Division
• Centre-State Division
• Human Rights Division
• Internal Security Division
• Jammu & Kashmir Division
• Judicial Division
• Naxal Management Division
• North East Division
• Police Division
• Police Modernisation Division
• Policy Planning Division

However, 'Police' and 'Public Order is matter of State Governance and not Union governance, according to Schedule VII, making the management of law and order even more complex.

Law & Order Legislations

Main article: List of Indian federal legislation

Acts for Internal Security

• The National Investigation Agency act,2008
• The Criminal Law Amendment Act, 1961
• The Official Secrets Act, 1923
• The Punjab Special Powers (Press) Act, 1956
• The Sikh Gurudwaras Act, 1925
• The Unlawful Activities (Prevention) Act, 1967
• The Young Persons (Harmful Publications) Act, 1956
• The Arms Act, 1959
• The Explosive Substances Act, 1908
• The National Security Act, 1980

Acts for management of Drugs

• Narcotic Drugs and Psychotropic Substances Act, 1985
• Customs Act, 1962

Acts for management of Communal Harmony

• The Acquisition of Certain Area at Ayodhya Act, 1993
• The Place of Worship (Special Provisions) Act, 1991
• The Protection of Human Rights Act, 1993
• The Religious Institution (Prevention of Misuse) Act, 1988

Acts for J&K

• The Armed Forces (Jammu & Kashmir) Special Powers Act, 1990

Acts for North East States

• The Armed Forces (Special Powers) Act, 1958

Acts for Human Rights

• Human Rights Act, 1993 (with Amendment Act 2006)
• Child Labour (Prohibition and Regulation) Act, 1986.
• The National Commission for Minorities Act, 1990.
• The National Commission for Women Act, 1990.
• The National Commission for Scheduled Castes and Scheduled Tribes (Constitution 65th Amendment Act, 1990.
• The National Commission for Backward Classes Act, 1993.
• Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Acts for riot management

• The Prevention of Damage to Public Property Act, 1984

Acts for Judicial

• The Commissions of Inquiry Act, 1952
• The Indian Penal Code Act, 1860
• The Code of Criminal Procedure, 1973
• The Code of Criminal Procedure Act,2005
• The Criminal Law (Amendment) Act,2005

Acts for Police Management

• The Assam Rifles Act, 2006
• The Border Security Force Act, 1968
• The Central Industrial Security Act, 1968
• The Central Reserve Police Force Act, 1949
• The Indo Tibetan Border Police Act, 1992
• The National Security Guard Act, 1986
• The Sashastra Seema Bal Act, 2007

nternational Treaties/International Covenants / Conventions Ratified / Acceeded / Signed by India

• The Universal Declaration of Human Rights (UDHR)
• The International Covenant on Economic, Social and Cultural Rights (ICESCR) – Ratified on 10th April, 1979
• The International Covenant on Civil and Political Rights (ICCPR) – Acceded on 10th April, 1979.
• The International Convention on Elimination of all forms of Racial Discrimination – Ratified on 3rd December, 1968.
• The Convention on Rights of the Child.
• The Convention on Elimination of all Forms of Discrimination Against Women – Signed on 30th July, 1981.
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment – Signed on 8th October, 1997.
• International Covenant on Suppression and Punishment of the Crime of Apartheid – Acceded to on 22nd September, 1977.
• The Convention on the Prevention and Punishment on the Crime on Genocide – Ratified on 27th August, 1959.
• Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity – Signed on 12th January, 1971.
• Slavery Convention ratified 18th June, 1927.
• Protocol amending the Slavery Convention signed at Geneva on 25th September, 1926.
• Supplementary Convention on the Evolution of Slavery, Slave Trade and Institutions and Practice similar to Slavery – Ratified on 23rd June, 1960.
• Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of others – Ratified on 9th January, 1953.
• Convention on the Nationality of the Married Women - Signed on 15th May, 1957.
• Convention on the Political Rights of the Women – Ratified on 1st November, 1961.

Law Enforcement

Law Enforcement Agencies

Main article: Law enforcement in India

DESIGNATED AGENCIES UNDER THE NDPS ACT TO EFFECT SEIZURES OF DRUGS • Narcotics Control Bureau • Directorate of Revenue Intelligence • Customs and Central Excise • State Police • State Excise • Central Bureau of Investigations • Central Bureau of Narcotics EMPOWERED AGENCIES UNDER THE CUSTOMS ACT, 1962 TO INTERDICT DRUGS • Coast Guard • Border Security Force • Indo Tibetan Border Police • Central Reserve Police Force

Subsidiary organisations

• National Crime Records Bureau
• National Integration Council
• National Human Rights Commission

Major Law & Order Problems of India

Overall terrorism is the single largest form of threat to the law and order in India. However activities like communal threaten the general peace of the country and separatist movements(with specialized forms of terrorism, rioting and non-violent crimes like kidnapping and parallel governments) threaten the national integrity of the country at the fundamental level. Although crimes of human rights violations, crimes against environment, cyber crimes, corruption and police brutality, are crimes towards individuals but are equally perilous towards maintaining the balance of social equilibrium.

Terrorism

Main article: Terrorism in India

Main article: Chronology of major terrorist incidents in India

Terrorism in India is one of the greatest threats to its internal security. India suffers from both state sponsored terrorism and organizational terrorism. Several groups have been listed as terrorist organizations by India. India has legislated several laws to comprehensively manage terrorism including the Unlawful Activities (Prevention) Act. India has also setup several counter terrorism law enforcement agencies at both the local level (e.gAnti Terrorist Squad of Mumbai) and the national level (e.g National Security Guards). Significant periods of Indian history have been shrouded with large scale intense terrorist activity. Certain areas of India are more prone to terrorism than others.

Naxalism and Maoism

Main articles: Naxalite, Red corridor, Compact Revolutionary Zone, Naxalite-Maoist insurgency, Operation Green Hunt, and List of Naxalite and Maoist groups in India

Separatism

Main article: Separatist movements of India

Main article: Insurgency in Northeast India

Main article: Assam conflict

Main article: Assamese Separatist Movement

Main article: Bodo nationalism

Main article: Tripura nationalism

Main article: Insurgency in Jammu and Kashmir

Main article: Punjab insurgency

Main article: Khalistan movement

Main article: Marathi nationalism

Main article: Mangalorean regionalism

Main article: Tamil nationalism

Main article: Dravida Nadu

Main article: States_and_territories_of_India

(Section History)

Separatism versus Nationalism

Several separatist movements have taken place and are ongoing in India. The primary areas tend to be along the borders. Primary among these are the North-East States of Assam, Nagaland, Tripura, northern states of Punjab and Kashmir.

Communalism

Main article: Religious violence in India

Main article: Communalism (South Asia)

Human Rights Violations

Main article: Human rights in India

Caste-ism

Main article: Caste system in India

Main article: Caste-related violence in India

Crimes against Women

Main article: Crime in India

Crimes against Children

Main article: Sex-selective abortion and infanticide

Other than general crimes, there are several types of specific crimes that fall under this category

• Kidnapping,
• Child abuse (inclusive of physical, sexual, emotional mistreatment, or neglect of children)
• Child marriage
• female infanticide
• child labor
• child slavery

Criminals, Politicians and Bureaucrats Nexus

Main article: Corruption in India

Transparency International's corruption perceptions index of 2010 places India 87 out of 178 countries covered. This put India below many African and South American countries, and even the dictator-state of Cuba.

Police crimes in India

Main article: Police brutality

See Also

• Salwa Judum
• Chhatradhar Mahato
• Irredentism