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Day 59 – Q 1. What is National Investigation Agency (NIA)? Examine the challenges in its functioning.

1. What is National Investigation Agency (NIA)? Examine the challenges in its functioning.     

राष्ट्रीय जांच एजेंसी (NIA) क्या है? इसके कामकाज में आने वाली चुनौतियों का परीक्षण करें।

Introduction

India has been the victim of large scale terrorism sponsored from across the borders. There have been innumerable incidents of terrorist attacks, not only in the militancy and insurgency affected areas and areas affected by Left Wing Extremism, but also in the form of terrorist attacks and bomb blasts, etc., in various parts of the hinterland and major cities, etc. A large number of such incidents are found to have complex inter-State and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc. keeping all these in view, it was felt that there was a need for setting up of an Agency at the Central level for investigation of offences related to terrorism and certain other Acts, which have national ramifications. Several experts and Committees, including the Administrative Reforms commission in its Report, had made recommendations for establishing such an Agency.

The Government after due consideration and examination of the issues involved, proposed to enact a legislation to make provisions for establishment of a National Investigation Agency in a concurrent jurisdiction framework, with provisions for taking up specific cases under specific Acts for investigation.

Accordingly, the NIA Act was enacted on 31-12-08 and the National Investigation Agency (NIA) was born. At present NIA is functioning as the Central Counter Terrorism Law Enforcement Agency in India.

Body

Mission  of NIA includes

  • Ensuring effective and speedy trial.
  • Developing into a thoroughly professional, result oriented organization, upholding the constitution of India and Laws of the Land giving prime importance to the protection of Human Rights and dignity of the individual.
  • Developing a professional work force through regular training and exposure to the best practices and procedures.
  • Displaying scientific temper and progressive spirit while discharging the duties assigned.
  • Inducting modern methods and latest technology in every sphere of activities of the agency.
  • Maintaining professional and cordial relations with the governments of States and Union Territories and other law enforcement agencies in compliance of the legal provisions of the NIA Act.
  • Assist all States and other investigating agencies in investigation of terrorist cases.
  • Build a data base on all terrorist related information and share the data base available with the States and other agencies.
  • Study and analyse laws relating to terrorism in other countries and regularly evaluate the adequacy of existing laws in India and propose changes as and when necessary.

Impediments for its effective functioning

  • Lacks dedicated officers; the officers are recruited from Central State police, Central armed police forces on deputation.
  • Lack of coordination mechanism with other specialised agencies like RAW, IB, State police etc. Eg : Tussle  faced during Pathankot attacks
  • Lack of experts to deal with the cybercrimes.
  • Lack of financial autonomy.

Measures to address these

  • Creating a separate cadre for NIA similar to IPS.
  • Addition of Cyber experts to deal with the new age threats.
  • Granting of financial autonomy similar to CAPF.

Conclusion

NIA has a key role to protect India from the emerging threats. Strengthening of NIA to discharge its duties efficiently is the need of the hour.

Best Answer: Swayam

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