Maintenance of Law and Order in India- Challenges and Solutions
Dr. Sanjay Kumar
Guest Faculty, PG Dept. of Political Science, Langat Singh College, B.R.A. Bihar University, Muzaffarpur.
*Corresponding Author E-mail: sanjaysingh.shine@gmail.com
ABSTRACT:
Liberated in 1947 from the British Empire, India is fast emerging as a major global power. A good law and order situation is the first condition of rapid development of a nation. India is a multi ethnic society. India has many religions, sects, linguistic and racial groups which together consist a population as big as 1.25 billion which lives over 3.3 million square km of area across 29 states and 7 union territories. Naturally, this diversity of large area and population results in many issues and problems which give birth to the challenges of law and order. Again, nature of crimes also varies from common criminal activities to economic offences, crime against state, crime against humanity, etc. Political and social issues also lead to create problem for law and order. Police is the principal agency to maintain the law and order situation; however specific agencies are required to meet the situation as per the nature of problem. Thus, in India, alike most of the modern countries have different agencies which meet the challenges of various kinds day and night, throughout the year. There work varies to maintaining peace, investigation, counter terrorism, espionage and even relief and rehabilitation programmes. This article is an attempt to examine the Law and Order situation in India and its mechanism to maintain the system in Indian state.
KEYWORDS: Law, Order, Crime, Peace, Terrorism, Intelligence, Naxalism, Maoism, Insurgency, Separatists’, Sedition, Secessionists, Unrest, Suppression, Corruption, Police, Magistracy, Investigation, Bureaucracy, Reforms.
INTRODUCTION:
As we know, man is a social animal. Man is social because he has intelligence and he knows the benefits of community life. Man has developed many systems which help him to live a comfortable, safe and prosperous life. In this system, the first unit is family. A lot of families form a community which further form society. But only society cannot ensure safety to man because the nature has not made every man equal. Some man are strong, some weak. Again some has sharp intelligence while some have very ordinary brain. Further, nature of man also varies person to person. Besides the issue of safety, there are other issues which need an organisation which could not only ensure safety of man but also brings a minimum opportunity to every individual to live and prosper. To fulfil this need, came the institution of state in existence. The first and foremost duty of a state is to ensure safety of its members and thus, maintenance of law and order became its first and foremost duty.
It is very important to understand for all of us that what is law and order. How do laws are framed and what are their bases? Which have been the agencies which implement and maintain the law and order? What happens when the situation of law and order worsen and what is the role of a common man in preserving the law and order? What should be done to maintain order in society?
Everyone understands that maintenance of law and order is the most important work of a state towards its citizen. This is the basic of all activities which lead to the development and growth in a society. In absence of rule of law and order in the society, there will be anarchy in the state and it will be equal to the rule of forest where the stronger animal prays the weaker one. We ought to be abide by the laws of state because they represent the common will and are the essential condition of our life.
Maintenance of order has been the need of human society since the beginning of civilisation. Regardless of the form of the government: from monarchy to aristocracy or dictatorship to democracy, all give first priority to maintain the law and order in their area under them and work for the improvement in the situation. Various tools are used by the government to achieve this goal which we will study in this unit. Some of them are- framing of required set of rules called laws, set up of a law and order machinery, recruitment of concerned man power and their training, punishment for the law breakers through judiciary, etc.
Meaning and Definition of Law and Order:
The Oxford English dictionary defines the law and order as a situation characterised by respect for and obedience to the rules of a society:
‘his forces were preparing to withdraw from the province after restoring law and order’
The Cambridge Advanced Dictionary and Thesaurus defines law as,
‘’ a situation in which the laws of country are being obeyed, especially when the police and army are used to make certain of this.’’
So we can define the law and order as a set of rules which represent the common will and which are essential for the peace in society and thus has been framed and adopted by a legitimate institution and which is abide by all or most of its citizens as a natural practice.
The following are the main characteristic of law and order:
Framing of Law:
Identifying the need of a law – This is the first step in the way of framing a particular law. For example, when people identified the need of movement of vehicles in a specific way, laws of traffic came into existence.
Legislation – The process by which a law is codified and given a state validity is called legislation. In the beginning, the word of sovereign was the law but in modern democracies, a law is the representation of general will of common citizen of a state and are based upon the need of people. In the moderns democracies, laws are framed by the elected representatives of the people.
In federal countries like India, the right to frame law has been divided between the Union and the States by the Constitution.1 Although, maintenance of law and order is a local issue, thus it is kept as a state subject, (article 246)2 however; many laws regarding this subject are framed by the union parliament for the sake of uniformity in the country.3
Again, in India, a state frames a law as per the provisions of the Constitution of India that is uniform to Centre and State. Even if there is a contradiction between a central and state law, the law made by parliament prevails.
All laws regarding the maintenance of law and order are framed keeping the spirit of fundamental rights and directive principals of the state assured to every citizen of India through the constitution. Various international treaties and charters regarding human rights which India has signed also affect the law making process.
Notification – The next process after the legislation is its approval by the president in case of a law passed by Parliament or Governor of a state in case of a law framed by the state legislature. Further, the law is published in the Gazette of India extra-ordinary with seal of the state. The law is enforced from the date of notification
Special Laws to maintain law and order: In most of the federal countries, the law and order is the subject of state list. However, to ensure uniformity, most of the federal countries have their one set of criminal/penal code of laws. India has also a Indian Penal Code (IPC) and Criminal Procedure Code (Cr.PC) which is common to all the states and union territories. Besides these, the Parliament has freedom to legislate laws regarding maintenance of law and order which is later applied in the state by either a notification of the Governor of the state or by legislation of a similar law in the state legislature subject to approval of the Governor. Terrorism Activities and Detention Act (TADA) and Prevention of Terrorism Act (POTA) have been the prime examples of such laws. Again, the states in India have a freedom to legislate preventive laws as per the provisions of the constitution of India. Such laws are restricted to the boundary of that particular state only. Maharashtra Control of Organised Crime Act (MCOCA) is a prime example of such a law.
Law Enforcement Agencies In India, there have been several law enforcement agencies at centre and states. At central level, The Union Ministry of Home is responsible to look after the internal security in India. The Union Home Minister with ministers of state and Union Home Secretary lead the Home Department of India. The premiere law enforcement agencies at the central level with their principal mandated work are as follows:
i. Intelligence Bureau (IB): Internal Intelligence Gathering, Counter Intelligence, Co-ordination among various state intelligence agencies and police forces, Counter Terrorism, VVIP Security, Security to premiere institutions of India have been the principal tasks of IB. Before the creation of R&AW in 1965, it was also responsible for external intelligence gathering. IB is normally headed by the senior most officer of IPS cadre who directly reports to union Home Secretary.
ii. National Investigation Agency (NIA): It is an internal but independent agency under Intelligence Bureau completely dedicated to investigate terrorist activities within the boundary of India.
iii. Central Bureau of Investigation (CBI): This the premiere investigation agency of India which investigates the cases of very complicated nature ranging from murders and massacres, robberies, scamps, fraud, cyber crime, political assassination, and all sort of economic offences. Under the Delhi Special Police Establishment Act, CBI can be asked to investigate any criminal or civil case within the territory of India by the Supreme Court or various High Courts. The Central Government can also direct CBI to take a case or takeover a case of a state upon the request of a state government. CBI represents India in INTERPOL. This prestigious organisation is under direct charge of Prime Minister. The role of CBI has been in great controversies. In one hand the political parties in opposition allege the misuse of CBI being a tool of the party in power at center, on the other hand they often demand the CBI enquiry of various cases, even against the ruling party. The Supreme Court has also criticised the agency being “a caged parrot”.4 The agency lacks independence as it reports to various masters. The CBI is subject to three ministries of the Government of India and Two Constitutional bodies:- Ministry of Home Affairs: Cadre clearance; DoPT: Administration, budget and induction of non IPS officers; Union Public Service Commission: Officers above the rank of Deputy SP; Law and Justice Ministry: Public prosecutors; and the Central Vigilance Commission: Anti-corruption cases.
Gauhati High Court had given a verdict on November 6, 2013, that CBI is unconstitutional and does not hold a legal status. 5 However, the Supreme Court of India stayed this verdict when challenged by the central government. 6
iv. Research and Analysis Wing (RAW): This is the prime External Intelligence agency of India which gathers intelligence from abroad, does covert operations against enemies of India, counters terrorism, coordinates with similar agencies. It assesses the security threat to VVIPs of India from external forces. RA&W/ RAW closely works with the three defence forces, IB and other agencies to safeguard national security and strategic concerns. It directly reports to the Prime Minister through the Cabinet Secretary.
v. Central Reserve Police Force (CRPF): The largest para military organisation of the world has been modelled after infantry with special training to help state police in the time of need and counter terrorism. Some of its units are designed and trained to quick response for any natural or man - made disaster. The Rapid Action Force (RAF) is a specially trained part of CRPF to meet the challenge of mob violence and control riots.
vi. Border Security Force (BSF): It guards the international border of India with Pakistan and Bangladesh and also prevents smuggling of arms, drugs and illegal emigrants. It is highly specialised in counter insurgency.
vii. Indo-Tibetan Border Police (ITBP): It guards the international Border between India and China.
viii. Shashastra Seema Bal (SSB): It guards the international border of India with Nepal and Bhutan.
ix. Central Industrial Security Force (CISF): It guards the industrial complexes of strategic importance as well as major ports, airports and railway station inside and outside India. The agency is also purposed to be given the task of VVIP security.
x. National Security Guard (NSG): Modelled on German GSG9, it is the main counter terrorism special force of India which deals with special operations, anti hijack, anti piracy, VVIP security, bomb disposal, training, etc. 7 It has two wing: the Special Action Group (SAG) which draws its manpower from among the officers and soldiers of Indian Army and the Special Rangers Group (SRG) whose members are drawn from various central armed police forces and the state police forces. The SAG leads the offensive operations while the Rangers provide support and VVIP security. 8
xi. Indian Coast Guard: It protects the maritime boundary of India. It works under Ministry of Defence and commanded by a Director General of Vice Admiral Rank.
xii. Assam Rifles: It guards Indo- Myanmar border and fights insurgency. This force is under union ministry of home and highly specialised in jungle warfare and guerrilla tactics.
xiii. Special Protection Group (SPG): It protects the Prime Minister of India, ex-PMs and their immediate family members. Initially it was raised to protect the serving Prime Minister and his immediate family members only but after the assassination of Rajiv Gandhi after being removed from the post, the SPG cover was extended to all ex-pm. Now, the ex-pm gets the SPG cover for 1 year from the date of leaving the post or till the date the union government feels it is needed. 9
xiv. Indian Police Service (IPS): IPS is itself not a police service but one of the three all India services. Its members are selected and trained by the union government. Under the permanent control of the central government, they lead the various law enforcement agencies other than defence forces such as State police units, central armed police forces and Investigating agencies. Their members are deputed on the posts of assistant Superintendent of Police/ ACP, SP, SSP/DCP, DIG/Assit. CP, IG/JCP, DG/CP and DGP at central and state police organisations. The chief of Intelligence Bureau, RandAW, CBI, NSG, BSF, CRPF, ITBP, NIA, SPG, SSB, CISF have been always from IPS.
xv. State Police: All Indian states have their own police force which works under their respective home department and commanded by the Director General of Police. Again all states have their own reserve police force and Home guard. Almost every state has a Special Criminal Investigation Departments and Anti-Terrorism Squad or Special Task Force to meet complex operations and cases.
xvi. Railway Protection Force: The RPF is one of the central police forces and responsible for the protection of various assets of Indian Railways which is a very important national property. RPF closely works with the Government Rail Police (GRP) of various state police to protect the life of passengers and their valuable.
xvii. Home Guard: The Home Guard units are a voluntary police unit in each state which plays a very crucial role in supporting the regular police to maintain the law and order situation.
xviii. The State Armed Police: Beside the regular police units, every state of India has its own reserve police which is known as different names such as Provincial Armed Constabulary (PAC) in Uttar Pradesh, Bihar Military Police (BMP) in Bihar, Jharkhand Armed Police (JAP), etc.
Maintenance of Law and Order in states:
As we have mentioned, in India the maintenance of law and order is a state subject (schedule 6th , Article 246), 10 thus the state governments are responsible to enforce law and order in the territory under them. Each state has a home department which looks after the maintenance of law and order in the state. It is either looked after by the chief minister himself/herself or by a senior minister at political level. The administrative control over the law enforcement agencies within a state lies in the home secretary or home commissioner who is a very senior member of Indian administrative service (IAS). The Police Organisation of a state is led by an IPS office of Director General of Police rank. He or she is assisted by DGs who look after various branches of the state police, ADGs in charge of specific operations at HQs. For Operational activities a state is divided into zones under IGs and ranges under DIGs. The main unit in operation to maintain the law and order is district police which is headed by a senior superintendent of Police (SSP/SP). 11 The SSP/SP works under the general supervision of District Magistrate (DM). In big cities, magistracy has been replaced by police commissionerates and the power of DM has been vested to the Police Commissioner.
Law and Order at District Level:
As we know, India is a very large country, both in terms of area and population, so for the purpose of administration and good governance, the country has been divided into states. Again, states have been divided into commissioneries which are further divided into districts. The smaller states have no commissioneries but all the states and union territories in India have districts and thus, districts are considered the pivotal point or nerve center of administration. Naturally, district is the main unit by which law and order is maintained in India. A district is placed under a District Officer known as different names such as Deputy Commissioner (DC), District Magistrate (DM) or Collector with similar functions in all the states in India. He or she is a member of Indian Administrative Service (IAS). As per the rules in India, this is the first duty of a DM to maintain law and order within the area falls under him/ her. A DM is assisted by several civil and police officers in this task. Actually, all civil and police officers assist him to maintain law and order within district. The civil officers are vested the executive magistrate powers under Cr.PC. The DM maintains law and order with the help of superintendent of Police (SSP/SP) and several executive magistrates. 12
As have been mentioned above, under the Police Act, 1861, section 4, the police of a district works under the general supervision and control of the DM. 13 The district police under SSP/SP is further divided into circles under Dy. SPs/SDPOs as per the area of the district ranging 2 to 5, police stations under inspectors and outposts under sub-inspectors. Each outpost is divided into beats under a head constable. Further, a chowkidar is placed in each Village/ Ward in cities.
A police station under Station House Officer (SHO) is the most important unit to control law and order at ground level. It is here, where common people go to take the help of police for the safety of their life or property. The police station serves several purposes altogether such as safeguarding public and national and private property, nab criminal, check unlawful activities, check insurgency, verification of character, passport, citizenship, intelligence gathering and several others.
A police has many outposts or chowkis depending upon the area and population. In some states, there have been mobile police stations which help in the maintenance of law and order.
Law Enforcement Agencies at Center and States
Challenges in Maintenance of Law and Order Situation:
India as a nation state is facing several sort of challenge in which internal and external challenge to the normal condition of life is very serious concern.
Prime threat to law and order situation in India:
In a multi ethnic, multi religious, multilingual country like India where the geographical is equal to a continent and the total population is 17% of the world total, the work of the maintenance of law and order is very challenging. Again, India as a nation state is quite new and going through a transition phase. Here, even among those groups which appear socially and culturally one, may have difference of faith, way of living, food habits, wearing clothes, way of worship and many more which often becomes a matter of dispute. The caste and class differences are also deep rooted. Again, the partition of India still plays a dividing role in the society. The social prejudices of past is a very crucial issue which still hampers peace in almost all parts of the country. There is a very large number of unemployed youth in India which often get a victim of the tantrums of various political parties which feed them to raise their sentiments in order to obtain their support and bag their vote. The demand of separate states in different parts of the country is very common and many a time, the protest and demonstration in support of a demand often turns violent raising a serious threat to law and order situation.
Separatist Movements:
India has been facing insurgent movements since independence in various parts. Issue of Kashmir is the bone of contention between India and Pakistan. Pakistan claims the Kashmir valley on the basis of its majority of Muslim population where as for India; Kashmir is the symbol of its multi- cultural society which is often termed as ‘Ganga- Jamuni Sanskriti.’ Pakistan not only gives open support to Kashmiri militant groups but also gives them military training and arms and ammunition. The same game is played in Punjab where Pakistan supports Sikh Youths to raise the separatist demand of Khalistan. The support of Pakistan to the secessionist groups of Punjab long took away the peace of Punjab. The same is still going on in Kashmir. The separatist movement in Nagaland, Manipur, Assam and other North- East states are seen as a great challenge not only for the law and order in the country; they are also a big obstacle in the way of becoming India a developed nation.
Corruption:
Corruption is a measure cause of weak law and order in many parts of India. Due to corruption at political and bureaucratic level, the benefits of development plans couldn’t reach to the right people. Even in the 15th year of twenty first century, several regions of our country is quite far from basic amenities such as roads, hospitals and schools. Corruption is the root cause of unemployment, illiteracy and backwardness which help the crime to grow. When unemployed youth find that their wealth is being taken by the corrupt people, they easily become the pray of anti- national organisation which have been a measure threat to law and order situation in India.
Red Terror:
We cannot forget the Red Terrorism in form of Naxals which spreads over nine states of India. Bihar, Jharkhand, West Bengal, Telangana, Andhra Pradesh, Chhattisgarh, Madhya Pradesh, Orissa and Tripura have been very much affected of Naxalists which once emerged to protest the feudal landlords who had been exploiting landless labours. Now the naxal groups thwart the development process by exploding schools, hospitals, railway station, bridges and banks. They impose levy upon government employees and people working for development work and earn billion of rupees which they use in anti national activities. Unfortunately, India has still no national policy to deal such threat of our nation and we consider these activities as a normal law and order problem.
Organised Crime:
Kidnapping of affluent businessmen, children and government official for ransom has also developed as a form of organised crime and the entire country is facing this threat. Even more, many insurgent and separatist groups kidnap important officials, foreign tourists or make hostage people in schools, hospitals and public places to blackmail the government to fulfil their illegal demands. We cannot forget the way separatist group Jammu Kashmir Liberation Front (JKLF) and Harkat – e- Ansar kidnapped several Indian and foreign tourists at various occasions due to which the world famous tourist destination of Kashmir valley not only lost its charm but, the local people also lost their main source of income and state of Jammu and Kashmir had to face economic crisis. 14
Effect upon Economy:
Terrorist Activities are not only a big challenge to law and order they also adversely affect the economy of business organisation. Hi-jacking of Indian Airlines Plane IC-814 from en route to Kathmandu to New Delhi led a fright in the mind of people and they began to fear travelling in aeroplanes. Similarly, the post September 2001 scenario, people all across the world began to fear flying in aeroplanes because the attackers have used planes as a weapon to attack the symbols of American power during the attack. We have seen that when the Pakistan backed terrorist attacked Mumbai in 2008, the people all over world begin to fear going in restaurants and hotels. We find that deterioration in law and order leads the business decline, businessman fear to start new business, investors fear to investment in new projects. The old projects get delayed and new projects do not start. The infrastructure collapse and professional people begin to leave a state causing the irreparable brain drain.
Effect upon Normal Life:
The bad condition of law and order also adversely affect the normal life. People lose their trust in law enforcement agencies. Many a times, they feel the system would not give them justice and, such a resented feeling let them take the law in their hand. The infamous Bhagalpur Blinding Cases have been an example of such a situation. When police failed to prevent prevailing murders, rapes and kidnapping for ransom and extortion, they caught some culprits and poured acid in their eyes to make them blind. Under the heat of media pressure and activism of human right organisation, some policemen were suspended but the local people came in support of police. 15
Need of Police Reforms for better Law and Order in India:
It is a general fact that the police is the principal organisation to maintain the law and order situation. A responsible, accountable and professional police machinery is the need of a welfare state like India. A country where still a big proportion of population is illiterate, untouchability still persists, superstitions, unemployment, religious differences are very deep rooted, police has a very important role. Sadly, the Indian Police system is still based on the colonial era which was set up with the primary motive of protecting the interest of the British rulers. It has modified the dress, weapons and tools of communication but has failed in its practices. After independence, rather serving the common people, police in India is often observed serving its political masters. Good people fear to go to police stations and unsocial element feel safe in company of police. Despite several demands of the civil society, several recommendations of various police commissions and several directives of the Supreme Court of India, the Police reforms seem to be a distant thing mainly due to the bureaucratic obstacles and political unwillingness. In the Parkash Singh vs. Union of India case, the Supreme Court gave and landmark judgement to make police free from the political and bureaucratic control and be a responsible and accountable agency to serve its real maters, i.e. the common citizen of India. 16 The Supreme Court gave several directives for police reforms including the change in the old police act but it seems, no political party is willing to have real reforms in the police machinery as it is in their narrow interests that the police system remains under their control and acts as per their wishes and needs. If India needs peace, progress and prosperity, a good situation of law and order is essential and thus political parties need to have consensus upon the police reforms as per the true spirits of the directives of Supreme Court of India.
Importance of Improvement of Law and Order:
Improvement of Law and Order involves the following objectives:
· It helps in a life of peace and comfort in the society.
· It helps in positive rise in trade and commerce activities.
· Investment increases in a state as investors feel safe about their principal amount and subsequent returns.
· It promotes tourism. Tourists feel comfortable to those places where there is no threat to their life. Tourism helps the economy of a country boom. A good condition of law and order is the first need of tourism.
· It helps in research and development activities as set up of new industries promotes and backs up scientific research. The talented people turn to those regions where they can use their skill and innovate.
· Overall Infra-structure improves which makes the life of common people more easy and comfortable.
· Common people feel strong. In the mean time, bad elements remain afraid to be nabbed by the law. Either they give up crime or leave the area.
· Improvement in law and order do not give external forces a chance to catalyse insurgent activities in our country.
· The prestige of India in rest of the world increases.
Measures to Improve Law and Order:
The following measures will help to improve the law and order in the country:
· Consensus among the major national and regional parties upon the social, political and economic issues.
· Strong legal action against those political parties which feed the caste and religion based sentiments.
· Providing enough opportunity to the unemployed youth of the relatively backward areas which are prone to insurgent activities.
· Giving moral education in school and colleges which will garner social and religious harmony and cultivate tolerance.
· By peaceful settlement of sacred shrines disputes between different religious groups such as Rama Janmabhoomi- Babri Mosque issue.
· By strengthening land border security as the infiltrators penetrate our security and get able to instigate violence or organise serious attacks on public places.
· By strengthening maritime security as our very long coastline often breached by deadly terrorist such as it happened in Mumbai attacks in 1993 and in 2008.
· To empower security agencies with modern techniques, training and equipments.
· To modernise the state police with more man power, better weapons and equipments and better working conditions.
· The states should prepare a small quick response team to each district which can handle the situation of social, religious or any sort of tension or gang war or a terrorist activity.
· To strengthen the local intelligence and by determining an effective coordination among various intelligence agencies of states and center.
· By framing strong laws for terrorist and insurgent activities and by punishing the culprits through fast track cases.
· Land disputes have a major cause of social tension in various states of India. Particularly, Bihar and Andhra Pradesh has witnessed several caste related massacres due to land disputes. The Government should ensure the fair distribution of land and payment of minimum wages to labours.
· Persons found guilty of women related heinous crime such as rape must be punished through fast track courts and the punishment should be very tough. Police needs to be sensitive towards the violence against womenfolk.
· By effectively activating the peace committees from village to national level.
· By using the intellectuals to promote social harmony for national integration and unity.
· The Print and Electronic media should also make and implement a common code of conduct for their publication and broadcast so that their medium cannot be used by anti social, anti national elements. 17
· The feeling of oneness among the people of country and awareness about peace in the society will surely help in the improvement in the law and order situation in the country. Also, there is need to be tolerant to other people, their ideas, emotions and views. If we remain an open society, no criticism of our religion or nation will destroy us but if we’ll be more strong.18
· The officers and other personal in administration and police fail to meet their responsibility must be punished. They should either set for non- important duty or made retired without pension and other perks. Similarly, the personal doing their work honestly should be supported by the government.
· The political interference in the functioning of police must be stopped. The Supreme Court directives should be implemented to make police free and accountable to its real masters i.e, the citizen of India.
Role of Public in Improvement of Law and Order:
Now we cannot blame the British for every problem of ours. We have been an independent, sovereign nation for 68 years. We claim to be a developed nation. No doubt that we have progressed in all the fields. We have been a major political, economic and military power in the 21st century world. Despite all, we are facing great difficulties at the level of maintenance of law and order in various parts of our country. Here, the role of common people is very important. We need to know our right and duties as well. We need to rise above our narrow sentiments of race, religion, region, and language. We cannot always live in the shadow of past. And everything won’t be done by the government and its agencies. After all, India is of Indians, for Indians. We need to be abide by the laws which we have made. We need to help our administration, police and other law enforcement agencies to maintain law and order and cope with anti national, anti social elements. If we are able to realise our role, no power on earth will stop Indi to peace and prosper.
SUMMARY:
Let us recapitulate the important concepts discussed in this article:
The maintenance of law and order is the first and foremost work of state.
· The good condition of law and order is the first condition of the growth and development of a society.
· The state has a specific machinery to maintain law and order with its area.
· In India, the maintenance of law and order is a subject of States (Provinces). However, the union government helps states in their task by providing funds, equipments, intelligence inputs, training and expert manpower.
· India is facing serious internal and external challenges since independence as far as law and order is concerned.
· Till now India has no national policy to deal with terrorism, insurgency, social and religious conflicts.
· Organised crimes in cities, smuggling, frequent gang wars, naxal activities, cross border terrorism, infiltration, illegal immigration from neighbouring countries, social and religious conflicts are the prime challenges to the law and order condition of India.
· There is a need of wider judicial, administrative and police reforms to meet the challenge of law and order in our country.
· We also need a political consensus for the sake of unity and integrity and to make India a developed country.
REFERENCES:
· http://www.thehindu.com/news/national/live-tv-voverage-put-national-security-in-jeopardy on August,30th 2012
· http://www.oneindia.com/feature/26-11-mumbai-terrorattack-media-role-responsibility-1572960.html on December 20th 2012
· http://www.rediff.com/money/2008/dec/24mumterror-media-role-and-its-impact.htmandei
· http://indiatoday.intoday.in/story/cbi-unconctitutional-illegal-guwahati-high-court
· http://www.ndtv.com/article/cheat-sheet/supreme-court-stays-gauhati-high-court-s-order-that-held-cbi-unconstitutional
1. ScheduleVII, Article.246. The Constitution of India (Bare Act)
2. Part XI, Article 245-255. The Constitution of India (Bare Act)
3. Fadia Babulal (1984). State politics in India Volume I. Radiant publishers, New Delhi. pp. 92–122.
4. Colvin, Ross and Bhattacharjya S."A "caged parrot"- Supreme Court describes CBI" Reuters May 10,2013
5. PTI(6 November 2013) CBI is unconstitutional and does not hold a legal status: Gauhati High Court
6. TOI (6 December 2013) Supreme Court Stays-Gauhati High Court’s Order that Held CBI Unconstitutional
7. "National Security Guard". Ministry Of Home Affairs. NSG.GOV.IN. 23 August 2014.
8. TOI (1July 2012) "NSG to pull out 900 commandos from VIP security for counter-terror operations training". The Times of India.
9. Special Protection Group Act 1988 [As amended in 1991, 1994 and 1999]". No. 30. New Delhi: The Government of India.
10. Schedule VI, Article 246, The Constitution of India. Bare Act
11. As Per the study of the Organisation Chart of Various State Police in India
12. Sarkar, Siuli. Public Administration In India (Ch. District Administration- Changing role of the Collector) p. 121. PHI Learning Pvt. Ltd., 09-Nov-2009
13. Police Act 1861, 2004,2007
14. Ajaz ul Islam. Impact of Armed Conflict on Economy and Tourism: A Study of State of Jammu and Kashmir. , Research Scholar, School of Business, Shri Mata Vaishno Devi University, J & K.
15. Bobb, Dilip and Ahmed, Farzand (31 December 1980) Bhagalpur: An Area of Darkness. India Today
16. Supreme Court Judgement in Prakash Singh and Ors vs. Union Of India And Ors on 22 September, 2006
17. Ethiraj, Govindraj.(November 28, 2008) Terror attacks: Media’s role and its impct”.Rediff.com
18. Tharoor, Sashi (28 November 2008). “Bombs and bullets cannot destroy India- as long as its gates remain open”. The Guardian ( London)
Received on 13.01.2016 Modified on 02.03.2016
Accepted on 05.05.2016 © A&V Publication all right reserved
Int. J. Rev. and Res. Social Sci. 4(2): April - June, 2016; Page 97-106