Tag Archives: Internal Security

UN Convention Against Torture – non-ratification by India hurdles criminal extradition from other countries to India

UN Convention Against Torture (UNCAT) – The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The UN Convention Against Torture (UNCAT) is an international human rights treaty that requires states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids states to transport people to any country where there is a reason to believe that they will be tortured. It also requires the parties to train and educate their law enforcement personnels and public officials involved in custody, interrogation and imprisonment regarding interrogation rules and practices in order to prevent all acts of torture.

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Black Money, Money Laundering, Tax evasion – Administrative and legal infrastructure to tackle them – GAAR, PMLA, FIU, ED, FATF

Black money is the money that is unaccounted for, wherein taxes have not been paid on that money. Sources of black money are often illegal, such as crime – trafficking, illegal trade, fraud – and corruption -bribery, leakages from government programmes; but the source of black money can be legal too. To be black, a money just has to be unaccounted for, and untaxed.

Some black money, especially in the poor classes, is unavoidable in any economy. The black money which the government agencies target is that associated with tax evasion and illicit organised crime such as human trafficking. Legal definitions of black money may vary, for example, under the Black Money Act 2015, the term ‘black money’ covers only the ‘undisclosed foreign income and assets’.

Money laundering is the process wherein proceeds of crime are converted into legal money or asset in order to obscure its origin.

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What is Armed Forces Special Powers Act?

The Armed Forces Special Powers Act, 1958 was first enacted to fight Naga insurgency; later, its scope was expanded to cover other regions facing insurgency. The law empowers the armed forces to “shoot to kill” and “arrest without warrant on suspicion” in areas declared as ‘disturbed‘. The law gives certain discretionary powers to armed forces and also protects them from judicial prosecution for their actions.

The authority to declare an area in a state as ‘disturbed’ lies with the Governor of the State, and the Ministry of Home Affairs of the Union Government.

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Protected Area Permit, Restricted Area Permit, Inner Line Permit – What is

While foreigners need a Protected Area Permit, Indian citizens need an Inner Line Permit, to visit the ‘protected areas’. Indian citizens do not need any permit to visit the ‘restricted areas’.

Protected Area Permit (PAP)

Under the Foreigners (Protected Areas) Order, 1958, non-Indian citizens require a protected area permit (PAP) to visit border areas and security sensitive areas that are designated as ‘protected areas’ under the law. Protected areas lies between the Inner Line (as defined in the law) and the International border.

A PAP is required for areas in the states of: Sikkim, Arunachal Pradesh, Himachal Pradesh, Jammu and Kashmir, Rajasthan, Uttarakhand.

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Police Reforms – Supreme Court Guidelines

Political Interference and corruption are two major issues that hinder the processes of justice and damage the people’s trust in police. To reform the police, the Supreme Court issued some guidelines in 2006 (Prakash Singh and other vs Union of India), which aimed to improve the functional autonomy and reduce corruption in police. Till now, no concrete action has been taken by the states to implement these guidelines.

2006 Supreme Court guidelines for police reforms included:

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Police in India – legislative framework and organisation

Police is the civil force of the government, responsible for prevention and detection of crime, and the maintenance of law and order at ground level.

Legislative framework for policing

Police, prisons, and public order are subjects enumerated in the state list, while Criminal law and Criminal procedure are subjects enumerated in the concurrent list of the seventh schedule.

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