INTELLIGENCE AGENCIES NATIONAL NIA was created after the 2008 Mumbai terror attacks as need for a INVESTIGATION central agency to combat terrorism was realised. AGENCY (NIA) National Investigation Agency (NIA) acts as the Central Counter INTELLIGENCE Terrorism Law Enforcement Agency. BUREAU The agency is empowered to deal with terror related crimes across states RESEARCH AND without special permission from the states. ANALYSIS WING (R&AW) Various Special Courts have been notified by the Central Government of India for trial of the cases registered at various police stations of NIA under the NIA Act 2008. The NIA Special Courts are empowered with all powers of the court of sessions under Code of Criminal Procedure, 1973 for trial of any offense. Supreme Court of India has also been empowered to transfer the cases from one special court to any other special court within or outside the state if the same is in the interest of justice in light of the prevailing circumstances in any particular state. The Intelligence Bureau (IB) is India‘s internal intelligence agency. It was recast as the Central Intelligence Bureau in 1947 under the Ministry of Home Affairs. The IB was trained by the Soviet KGB from the 1950s onward until the collapse of the Soviet Union. IB is used to garner intelligence from within India and also execute counterintelligence and counterterrorism Tasks. In addition to domestic intelligence responsibilities, the IB is particularly tasked with intelligence collection in border areas, following the 1951 recommendations of the Himmat Singh Ji Committee (also known as the North and North-East Border Committee), a task entrusted to the military intelligence organisations prior to independence in 1947. The Research and Analysis Wing (R&AW or RAW) is the primary foreign intelligence agency of India. It was established in 1968 following the intelligence failures of the Sino-Indian and Indo-Pakistani wars. Previously, both domestic and foreign intelligence had been the purview of the Intelligence Bureau. The primary function of R&AW is gathering foreign intelligence and counterterrorism. In addition, it is responsible for obtaining and analysing information about foreign governments, corporations and persons to advise Indian policymakers. It is also involved in the security of India‟s nuclear programme. Signal intelligence agency called the National Technical Research Organisation (NTRO) also functions under the titular control of R&AW, although it remains autonomous to some degree. The present R&AW 51
NATIONAL objectives include, and are not limited to: TECHNICAL RESEARCH Moulding international public opinion and influence foreign ORGANISATION governments with the help of the strong and vibrant Indian diaspora, (NTRO) covert operations to safeguard India‘s national interests etc, are also part of R&AW‘s mandate. DIRECTORATE OF REVENUE The NTRO was created after the 1999 Kargil conflict as a dedicated INTELLIGENCE technical intelligence agency. It reports directly to PMO and National Security Advisor(NSA). It has the right to lawfully intercept and monitor communications externally It has recently been brought under The Intelligence Organisations (Restriction of Rights) Act, 1985, which prevents employees of a notified agency from forming unions/associations, puts restrictions on the employee‘s freedom of speech, bars any communication with the press, or publishing a book or other document without the permission of the head of the intelligence organisation. DRI is the major intelligence agency which enforces prohibition of smuggling of drugs, gold, diamonds, electronics, foreign currency, counterfeit Indian currency, etc. The Directorate of Revenue Intelligence functions under the Central Board of Indirect Taxes and Customs in the Ministry of Finance, Department of Revenue. Collection of intelligence about smuggling of contraband goods, narcotics, under-invoicing etc. through sources of India and abroad, including secret sources and analysis and dissemination of such intelligence to the field formations for action and working on such intelligence, where necessary, is its main objective. It also works to refer cases registered under the Customs Act to the Income Tax Department for action under the Income Tax Act. 52
CONCLUSION Recent Doklam crisis, controversies within the Army, resistance among BSF personnel because of being sidelined by Indian Army, etc call for reforms in the defence sector. Considering India‘s geostrategic position in the Indian Ocean with tense borders along China and Pakistan, and also in the Northeast, robust mechanism and structure of security forces with well-defined mandate is must. Adoption of recommendations of DB Shekatkar Committee must be undertaken on a priority basis. A total of 99 recommendations were forwarded for implementation to concerned agencies / stake holders. Some of them are being implemented, like: Optimization of Signals Establishments to include Radio Monitoring Companies, Corps Air Support Signal Regiments, Air Formation Signal Regiments, Composite Signal Regiments and merger of Corps Operating and Engineering Signal Regiments. Restructuring of repair echelons in the Army to include Base Workshops, Advance Base Workshops and Static / Station Workshops in the field Army. Redeployment of Ordnance echelons to include Vehicle Depots, Ordnance Depots and Central Ordnance Depots apart from streamlining inventory control mechanisms. Better utilization of Supply and Transportation echelons and Animal Transport units. Closure of Military Farms and Army Postal Establishments in peace locations. Enhancement in standards for recruitment of clerical staff and drivers in the Army. Improving the efficiency of the National Cadet Corps. But, more needs to be done to fulfil the objectives of Article 355. 53
NATIONAL SECURITY DOCTRINE National security is a concept that a government, along with its parliaments, should protect the state and its citizens against all kind of ―national‖ crises through a variety of power projections, such as political power, diplomacy, economic power, military might etc. Note that National Security is a subject in the Union List (7th schedule) of the Indian Constitution. A country‘s national security policy is determined by many factors, including external threats, geography, political culture, military capabilities, economic needs, elite opinion, popular opinion (in democracies) and its leaders‘ perceptions of the country‘s interests. This conceptual framework manifests itself as foreign policy or national security ‗doctrine‘, which in turn guides leaders in conducting the foreign policy of a country. A national security doctrine helps the statesmen identify and prioritize that country‘s geopolitical interests. India does not have any such ‗doctrine‘, except the Army which has one drafted in 2004. Why do we need a National Security Doctrine? 1). India has seen crisis after crisis resulting from militancy, insurgency, terrorist attacks, unsettled border disputes etc. For Ex, Terrorist attack on Pathankot air base (2016), 26/11 Mumbai blasts, Church Street bomb blasts in Bangalore (2015), border disputes with China, Pakistan, Insurgency in the Northeast etc. The list goes on and on. The recent Pathankot debacle has triggered a serious debate on the need for a National Security Doctrine. 2). There is opacity in the functioning of Intelligence Agencies. For Ex, no credible external audit happens, no cohesive command and control structure. 3).To fill the gaps in India‟s security policy planning. Previous Attempts towards strengthening National Security: National Security Council (NSC)(1998) : It advises the PM on matters of national security and strategic interest. Headed by the National Security Advisor. It has not lived upto the expectations. 54
Nuclear Doctrine (1999): ―Minimum credible nuclear deterrence‖ doctrine and ―No first use‖ policy. Its major objective is to deter the use and threat of use of nuclear weapons by any State or entity against India and its forces. Also, India will not be the first to initiate a nuclear strike, but will respond with punitive retaliation if deterrence fails. It is confined to only one aspect of India‘s security framework. Where can we draw inspiration from? In US, each President, on assuming charge , is required by law to make public the National Security Doctrine that his administration intends to follow. For Ex, national security doctrine of the Obama Administration is integration of diplomatic engagement, domestic economic discipline and amity among communities at home with military power to bolster America‘s standing in the world. How will it look like? National Security Doctrine + National Security Strategy National Security Doctrine: It must encompass the totality of this country‘s military, diplomatic, economic and social policies that will protect and promote this country‘s national security interests. National Security Strategy: It must include the Command and control structures for meeting eventualities like terror strikes etc. Both the Doctrine and Strategy are inter-related. Army Doctrine (2004): Doctrine: Defines its role in national security. Primary role is to preserve national interests and safeguard sovereignty, territorial integrity and unity of India against any external threats by deterrence or by waging war. Secondary role is to assist Government agencies to cope with ‗proxy war‘ and other internal threats and provide aid to civil authority when requisitioned for the purpose. Strategy: To perform the above role, Army has a command and control structure with the President of India as the Supreme Commander. Indian Army is controlled by the elected political leadership of the nation (Government of India). Executive control is exercised sequentially through the Union Cabinet, the Defence Minister and the Chief of Army Staff (COAS). Ministry of Defence handles matters related to personnel, financial and resource management. 55
What purpose will it solve? It will define India‘s role in the world and its commitment to protecting the life, liberty and interests of its people. Need of the hour: The immediate requirement is for the Union Government to put together a National Security Doctrine that should have political consensus, publicly transparent and should reflect the complex challenges facing the country. The doctrine must be accompanied by a national security strategyso that Pathankot-like situation never happens again. 56
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