Government of India Ministry of Home Affairs Annual Report 2008-09 Government of India Ministry of Home Affairs Annual Report 2008-09 Departments of Internal Security, States, Home, Jammu & Kashmir Affairs and Border Management Ministry of Home Affairs CONTENTS CHAPTER-I Mandate and Organisational Structure of Ministry of Home Affairs 1 CHAPTER-II Internal Security 5 CHAPTER-III Border Management 24 CHAPTER-IV Centre-State Relations 39 CHAPTER-V Human Rights and National Integration 46 CHAPTER-VI Union Territories 52 CHAPTER-VII Police Forces 67 CHAPTER-VIII Other Police Organisations and Institutions 83 CHAPTER-IX Disaster Management 95 CHAPTER-X International Cooperation 109 CHAPTER-XI Major Initiatives and Schemes 116 CHAPTER-XII Foreigners, Freedom Fighters Pension and Rehabilitation 128 CHAPTER-XIII Registrar General and Census Commissioner of India 139 CHAPTER-XIV Miscellaneous Issues 147 2 Annexures 165 Ministry of Home Affairs CHAPTER MANDATE AND ORGANISATIONAL STRUCTURE OF THE MINISTRY OF II HOME AFFAIRS 1.1 The Ministry of Home Affairs (MHA) has Department of States, dealing with multifarious responsibilities, important among Centre-State relations, Inter-State them being internal security, management of para- relations, administration of Union military forces, border management, Centre-State Territories, Freedom Fighters’ relations, administration of Union Territories, pension, Human rights, Prison disaster management, etc. Though in terms of Reforms, Police Reforms, etc. ; Entries 1 and 2 of List II – ‘State List’ – in the Department of Home, dealing with Seventh Schedule to the Constitution of India, the notification of assumption of ‘public order’ and ‘police’ are the responsibilities office by the President and Vice- of States, Article 355 of the Constitution enjoins President, notification of the Union to protect every State against external appointment/resignation of the aggression and internal disturbance and to ensure Prime Minister, Ministers, that the government of every State is carried on in Governors, nominations to Rajya accordance with the provisions of the Constitution. Sabha and Lok Sabha, Census of In pursuance of these obligations, the Ministry of population, registration of births and Home Affairs continuously monitors the situation, deaths, etc.; issues appropriate advisories, extends manpower and financial support, guidance and expertise to Department of Jammu and the State Governments for maintenance of security, Kashmir (J&K) Affairs, dealing peace and harmony without encroaching upon the with the constitutional provisions in constitutional rights of the States. respect of the State of Jammu and Kashmir and all other matters 1.2 Under the Government of India relating to the State, excluding those (Allocation of Business) Rules, 1961, the Ministry with which the Ministry of External of Home Affairs has the following constituent Affairs is concerned; Departments:- Department of Border Department of Internal Security, dealing Management, dealing with with the Indian Police Service, Central Police management of international Forces, internal security and law & order, 1 borders, including coastal borders, insurgency, terrorism, naxalism, activities of strengthening of border guarding and inimical foreign agencies, rehabilitation, grant of creation of related infrastructure, visa and other immigration matters, security border areas development, etc.; and clearances, etc.; Annual Report 2008-2009 Department of Official Language, to coordination and concerted action by dealing with the implementation of administrative, diplomatic, security, intelligence, the provisions of the Constitution legal, regulatory and economic agencies of the relating to official languages and the country for the management of international provisions of the Official Languages borders, including Coastal borders, creation of Act, 1963. infrastructure like Integrated Check Posts, roads/ fencing and floodlighting of borders and the Border 1.3 The Department of Internal Security, Areas Development Programme. Department of States, Department of Home, Department of Jammu and Kashmir Affairs and Coordination Division Department of Border Management do not function in watertight compartments. They all function 1.8 The Division deals with intra-Ministry under the Union Home Secretary and are inter- coordination work, Parliamentary matters, public linked. The Department of Official Language has grievances (PGs), publication of Annual Report of a separate Secretary and functions independently. the Ministry, Record Retention Schedule, custody The Annual Report of the Ministry of Home Affairs of classified and non-classified records of the does not, therefore, cover the activities of that Ministry, Internal Work Study, furnishing of various Department. reports relating to employment of SCs/STs and Persons with Disabilities to Department of 1.4 The information relating to Ministers, Personnel and Training, etc. Home Secretary, Secretaries, Special Secretaries, Additional Secretaries and Joint Secretaries who held/are holding position in the Ministry of Home Centre-State Division Affairs (excluding the Department of Official 1.9 The Division deals with Centre–State Language and Department of Justice) is at relations, including working of the constitutional Annexure - I. The position as on May 31, 2009 is provisions governing such relations, appointment also indicated at Annexure - IA. of Governors, creation of new States, nominations to Rajya Sabha/Lok Sabha, Inter-State boundary 1.5 The different Divisions of the Ministry of Home Affairs and the major areas of their disputes, over-seeing the crime situation in States, responsibility are as below: imposition of President’s Rule, etc. Administration Division Disaster Management Division 1.6 The Division is responsible for handling 1.10 Disaster Management Division is all administrative and vigilance matters, allocation responsible for legislation, policy, capacity of work among various Divisions of the Ministry building, prevention, mitigation, long term and monitoring of compliance of furnishing rehabilitation, response, relief and preparedness for information under the Right to Information Act, natural calamities and man-made disasters (except 2005, matters relating to the Table of Precedence, drought and epidemics). Padma Awards, Gallantry Awards, Jeevan Raksha Padak, National Flag, National Anthem, State Finance Division Emblem of India and Secretariat Security 1.11 The Division is responsible for Organisation. 2 formulating, operating and controlling the budget Border Management Division of the Ministry and other matters pertaining to expenditure control & monitoring and financial 1.7 The Division deals with matters relating advice, etc., under the Integrated Finance Scheme. Ministry of Home Affairs Foreigners Division Judicial Division 1.12 The Division deals with all matters relating 1.18 The Division deals with all matters relating to visa, Protected Area Permit (PAP)/Restricted to the legislative aspects of the Indian Penal Code Area Permit (RAP) regimes, immigration, (IPC), Code of Criminal Procedure (Cr.P.C.) and citizenship, overseas citizenship of India, also the Commission of Inquiry Act. It also handles acceptance of foreign contribution and hospitality. matters relating to State legislations which require the assent of the President under the Constitution, Freedom Fighters and Rehabilitation political pension to erstwhile rulers before Division independence and mercy petitions under Article 72 of the Constitution. 1.13 The Division frames and implements the Freedom Fighters’ Pension Scheme and the Naxal Management Division schemes for rehabilitation of migrants from former West Pakistan/East Pakistan and provision of relief 1.19 This Division has been created w.e.f. to Sri Lankan and Tibetan refugees. October 19, 2006 in the Ministry to effectively tackle the naxalite menace from both security and Human Rights Division development angles. It monitors the naxal situation and counter-measures being taken by the affected 1.14 The Division deals with matters relating States with the objective of improving ground-level to the Protection of Human Rights Act and also policing and development response as per the matters relating to national integration, communal location specific action plans formulated/to be harmony and Ayodhya. formulated by the affected States. It also reviews proper implementation of various developmental Internal Security Divisions schemes of Ministries/Departments concerned in the naxal affected areas as also optimum utilisation 1.15 Internal Security-I Division deals with of funds released under such schemes. matters relating to internal security and law & order, including anti-national and subversive activities of North East Division various groups/extremist organisations, policy and operational issues on terrorism, security clearances, 1.20 The Division deals with the internal monitoring of ISI activities, Home Secretary-level security and law & order situation in North-Eastern talks with Pakistan on counter terrorism, etc. States, including matters relating to insurgency and talks with various extremist groups operating in 1.16 Internal Security-II Division deals with that region. matters relating to arms and explosives, extradition, narcotics and Narcotics Control Bureau and Police Divisions National Security Act. 1.21 Police-I Division functions as the cadre Jammu & Kashmir Division controlling authority in respect of Indian Police Service