Sunday, January 9, 2011

The Draft Central Bureau Of Investigation Act, 2010

One of the major problems with Indian law enforcement agencies and intelligence agencies is that they are virtually governed by no law. Experts of this field have been asking for the establishment of sufficient laws for law enforcement agencies and intelligence agencies of India for long.

The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard.

With the introduction of endemic surveillance and e-surveillance projects like Aadhar, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc it has become absolutely essential to enact suitable laws in this regard.

According to Praveen Dalal, Supreme Court Lawyers and Managing Partner techno legal firm Perry4Law, there is an urgent need of “Parliamentary Oversight” of Intelligence Agencies and Law Enforcement Agencies in India as presently there is none. Fortunately, The Central Bureau of Investigation Act, 2010 has been drafted by the Indian Government and after proper deliberations and its finally passing by the Parliament of India, it may become an enforceable law very soon, informs Praveen Dalal.

However, is the CBI Bill sufficient to accommodate the growing requirements of civil liberty protections in India? Like all other similar Bill, even the CBI Bill is suffering from various “Shortcomings”, informs Praveen Dalal. The chief among them is absence of “Civil Liberty Safeguards” against possible misuse of projects like Aadhar, NATGRID, CCTNS, etc, opines Praveen Dalal. However, at least a good step in the right direction has been taken by Indian Governments, says Dalal.