States to have NIA Office by 2024

• 28 Oct 2022

For Prelims: Terrorism, NIA, State List

For Mains: Challenges to Internal Security Through Communication Networks

Why in News?

Recently, Union Home Minister announced all states in the country will have National Investigation Agency (NIA) offices by 2024 as a strategy to counter terrorism.

• The Minister was addressing a two-day 'Chintan Shivir' organised with the objective to prepare an action plan for the implementation of 'Vision 2047' and 'Panch Pran' announced by India's Prime Minister during the Independence Day Speech.

What are the Highlights of the Address?

• NATGRID:
  • States have been urged to utilise the National Intelligence Grid (NATGRID) that was operational now.
    • NATGRID brings datasets of 11 agencies on a common platform.
• Revamping Criminal Justice System:
  • Parliament will soon be presented with amendments to the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC).
• One Data One Entry:
  • In order to ensure border and coastal security, border states should coordinate with Central agencies and security forces.
  • There was a need for optimal and rational utilisation of internal security resources to fight challenges before the nation.
• One Data One Entry:
  • Following the principle of “one data, one entry”, the NIA had been entrusted to maintain a national terror database, the Enforcement Directorate a dataset on financial crimes and the Narcotics Control Bureau (NCB) on narco crimes.
• Amendments to FCRA:
  • The amendments to the Foreign Contribution Regulation Act (FCRA) in 2020 successfully prevented the misuse of foreign funding and effective monitoring became possible.
  • The FCRA was a mandatory requirement to receive foreign funds.

What are the Issues with the Law-and-Order Situation in India?

• General Administration:
  • Various government agencies lack coordination.
  • Poor enforcement of laws and general failure of administration
• Problems Related to Police:
  • Organisational, infrastructure, and environmental problems
  • Unwarranted political interference
  • Lack of empowerment of the cutting-edge functionaries
  • Lack of modern technology/methods of investigation
• Organisational Behaviour:
  • A lack of training
  • Entrenched attitudes of arrogance, insensitivity and patronage
• Ethical Issues:
  • Different levels of corruption, collusion, and extortion
  • Insensitivity to human rights
  • Absence of transparent recruitment and personnel policies
• Issues related to Prosecution:
  • Public prosecutors do not attract the best talent
  • Lack of coordination between the investigation and the prosecution agencies
  • Mistrust of police in admitting evidence.
• Problems Related to the Judicial Process:
  • A large number of cases are pending
  • Low conviction rates

What are the Related Constitutional and Legal Provisions?

• Law and order is a State subject under the Seventh Schedule, the Constitution provided that the Ministry of Home Affairs (MHA) could intervene in matters concerning national security and the Ministry from time to time sent advisories to States.
• It is the primary duty of the State Governments to prevent, detect, register and investigate crime and prosecute the criminals.
• Central Government, however, supplements the efforts of the State Governments by providing them financial assistance for modernization of their Police Forces.
• Further, intelligence inputs are regularly shared by the Central Security and Intelligence Agencies with the State Law Enforcement Agencies to prevent crime and law and order related incidents.
• The National Crime Records Bureau (NCRB), a nodal agency under the MHA, is engaged in the process of collecting, compiling and analysing the crime statistics with a view to help the States to evolve appropriate strategies for better prevention and control of crime.
  • Further, the Bureau has established computerized systems at every District Crime Records Bureau (DCRB) and State Crime Records Bureau (SCRB), across the country, under a project viz., 'Crime Criminal Information system (CCIS)'.

What is the National Investigation Agency (NIA)?

• About:
  • The NIA is the Central Counter-Terrorism Law Enforcement Agency of India mandated to investigate all the offences affecting the sovereignty, security and integrity of India. It includes:
    • Friendly relations with foreign states.
    • Against atomic and nuclear facilities.
    • Smuggling of arms, drugs and fake Indian currency and infiltration from across the borders.
    • The offences under the statutory laws enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.
  • It was constituted under the National Investigation Agency (NIA) Act, 2008.
  • The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs.
• Headquarters: New Delhi

Way Forward

• The nature of crimes is changing, and they are becoming borderless, that is why all States will have to battle these by having a common strategy.
• To formulate and implement this under the spirit of ‘Cooperative Federalism,’ Cooperation, Coordination and Collaboration between the Centre and the States is required.

UPSC Civil Services Examination Previous Year Question

Q. Keeping in view of India’s internal security, analyse the impact of cross-border cyber-attacks. Also, discuss defensive measures against these sophisticated attacks. (2021)

Source: TH