Parliament voted on the Demands for Grants for the Ministry of Home Affairs on May 02, 2012. During the debate, MPs expressed concern over the status of police forces in different States of the country. They emphasised the need to augment the capability of police forces. Though ‘Police’ and ‘Public Order’ are State subjects, the union government provides assistance to States for strengthening their forces. For instance, the Ministry of Home Affairs has been implementing a non-plan scheme for ‘Modernization of Police Forces’ since 1969-70. Under the scheme assistance is provided in the form of grants-in-aid towards construction of secure police stations, outposts, for purchase of vehicles, equipment etc. (To know more about the scheme, see an earlier blog post on the issue.) At the all India level, the sanctioned strength of State Police equals 20.6 lakh personnel. Though there exist wide variations across States, at an average this amounts to 174 police personnel per lakh population. However, the actual ratio is much lower because of high vacancies in the police forces. At the aggregate level, 24% positions are vacant. The table below provides data on the strength of state police forces as in Jan, 2011
State | Sanctioned strength | Sanctioned policemen/ lakh of population | Vacancy |
Andhra Pradesh | 1,31,099 | 155 | 31% |
Arunachal Pradesh | 11,955 | 966 | 42% |
Assam | 62,149 | 200 | 12% |
Bihar | 85,939 | 88 | 27% |
Chhattisgarh | 50,869 | 207 | 18% |
Goa | 6,108 | 348 | 16% |
Gujarat | 87,877 | 151 | 27% |
Haryana | 61,307 | 248 | 28% |
Himachal Pradesh | 17,187 | 256 | 22% |
Jammu & Kashmir | 77,464 | 575 | 6% |
Jharkhand | 73,005 | 235 | 30% |
Karnataka | 91,256 | 155 | 10% |
Kerala | 49,394 | 141 | 7% |
Madhya Pradesh | 83,524 | 115 | 9% |
Maharashtra | 1,53,148 | 139 | 10% |
Manipur | 31,081 | 1,147 | 26% |
Meghalaya | 12,268 | 469 | 17% |
Mizoram | 11,246 | 1,112 | 6% |
Nagaland | 24,226 | 1,073 | 0% |
Orissa | 53,291 | 130 | 18% |
Punjab | 79,565 | 291 | 14% |
Rajasthan | 79,554 | 118 | 11% |
Sikkim | 5,421 | 886 | 27% |
Tamil Nadu | 1,20,441 | 178 | 15% |
Tripura | 44,310 | 1,224 | 17% |
Uttar Pradesh | 3,68,260 | 184 | 59% |
Uttarakhand | 20,775 | 211 | 24% |
West Bengal | 72,998 | 81 | 18% |
A&N Islands | 4,417 | 1,018 | 22% |
Chandigarh | 7,873 | 695 | 22% |
D&N Haveli | 325 | 114 | 13% |
Daman & Diu | 281 | 140 | 6% |
Delhi | 81,467 | 441 | 1% |
Lakshadweep | 349 | 478 | 36% |
Puducherry | 3,941 | 352 | 25% |
All India | 20,64,370 | 174 | 24% |
Source: Lok Sabha Unstarred Question No. 90, 13th March, 2012 and Lok Sabha Unstarred Question No. 1042, March 20, 2012
1. Is the government empowered to intercept communication between two individuals? Answer: Yes. The Central and the State government can intercept communication. Letters, telephone (mobiles and landlines) and internet communication (e mails, chats etc.) can be intercepted by the government. Interception of:
2. Under what circumstances can the government intercept communication? Answer: The circumstances under which communication can be intercepted by the government are:
3. Are there any safeguards that have been built into the interception process? Answer: The Supreme Court in the case of PUCL Vs Union of India observed that the right to have telephone conservation in the privacy of one’s home or office is part of the Right to Life and Personal Liberty enshrined in Article 21 of the Constitution, which cannot be curtailed except according to the procedure established by law. Elaborating the scope of Section 5 (2) of the Indian Telegraph Act, 1882 the Court clarified that this section does not confer unguided and unbridled power on investigating agencies to invade a person’s privacy. The court laid down the following safeguards: a. Tapping of telephones is prohibited without an authorizing order from the Home Secretary, Government of India or the Home Secretary of the concerned State Government b. The order, unless it is renewed shall cease to have authority at the end of two months from the date of issue. Though the order may be renewed, it cannot remain in operation beyond six months. c. Telephone tapping or interception of communications must be limited to the address (es) specified in the order or to address (es) likely to be used by a person specified in the order. d. All copies of the intercepted material must be destroyed as soon as their retention is not necessary under the terms of Section 5 (2) of the Indian Telegraph Act, 1882. e. In an urgent case, this power may be delegated to an officer of the Home Department, Government of India or the Home Department of the State government, who is not below the rank of Joint Secretary. Copy of this order should be sent to the concerned Review Committee within one week of passing of the order. f. This Review Committee shall consist of the Cabinet Secretary, Law Secretary and the Secretary Telecommunications at the Central Government. At the state level, the Committee shall comprise of Chief Secretary, Law Secretary and another member (other than the Home Secretary) appointed by the State Government. The Committee shall on its own, within two months of the passing of an order under Section 5 (2) investigate whether its passing is relevant. If an order is in existence, the Committee should find out whether there has been a contravention of the provisions of Section 5 (2). If the Review Committee on investigation concludes that provisions of Section 5 (2) have been contravened, it shall direct destruction of the copies of the intercepted material. In pursuance of the Supreme Court judgement the Indian Telegraph (First Amendment) Rules, 1999 were framed and notified on 16.02.1999. A similar notification titled, the Information Technology (Procedures and Safeguards for Interception, Monitoring and Decryption of Information Rules, 2009 were notified on October 27, 2009. [see page 18] 4. Are there any other known cases of telephone tapping of politicians? Answer: In 2005, Shri Amar Singh alleged that his telephones were tapped by private individuals. The case against them is currently pending in the Tis Hazari court in Delhi. 5. Are there any statistics about the number of telephones being tapped by the government? Answer: Currently no such statistics are publicly available. In a similar context, in the UK (where the Regulation of Investigatory Powers Act 2000 governs this particular subject) a Report of the Interception of Communications Commissioner states that a total of 5344 warrants were issued for interception of communication in 2008.