THE CONTEXT: The multiple-casualty attack at Pahalgam exposed a decisive gap in human intelligence and provoked renewed debate on police command in Jammu and Kashmir. Lieutenant-Governor Manoj Sinha, urged adoption of technology, beat policing and community engagement to “eradicate terrorism”. These events, raise the core question; should the Jammu and Kashmir Police (JAKP) revert to direct control of an elected government so that counter-terror strategy truly reflects local concerns.
HISTORICAL AND CONSTITUTIONAL BACKDROP:
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- Before 2019 the State constitution, a locally amended Police Act governed policing. With the abrogation of Article 370, the Indian Penal Code and the Police Act 1861 became applicable, but the Seventh Schedule still places “public order” squarely in the State List, preserving the convention that policing must ultimately answer to a people’s government.
- Central interventions like Disturbed Areas Act 1992, Armed Forces (Special Powers) Act 1958 and direct Lieutenant-Governor control were intended as temporary emergency measures, prolonged use risks democratic deficit.
LOCAL INTELLIGENCE ADVANTAGE:
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- “Policing by consent” reflects that community legitimacy is the strongest weapon against crime.
- Modern counter-terror literature terms this the “security–governance nexus”, stressing that Human Intelligence (HUMINT) produced by socially embedded constables outperforms purely technological intelligence (TECHINT) in insurgency theatres.
WHY PLACE JAKP UNDER AN ELECTED GOVERNMENT?
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- Policing strategies that resonate with local social norms enhance voluntary information flow and reduce collateral alienation.
- Empirical lessons from Punjab (1990s) and Tripura (2000s) show that elected oversight accelerated the collapse of militant recruitment by aligning welfare delivery, grievance redress and policing priorities.
- Democratic supervision also strengthens financial scrutiny, curbs arbitrary detention and meets Supreme Court expectations on accountable policing (Prakash Singh directives).
CURRENT SECURITY ARCHITECTURE IN J&K:
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- The present grid comprises the Indian Army for external counter-infiltration, Central Armed Police Forces for area domination, National Investigation Agency for specialised probes and Jammu and Kashmir Police for intelligence collection and first response.
- Budget support in 2024-25 is ₹9,789 crore from the Ministry of Home Affairs and ₹6,626 crore from the Union Territory budget. The police–population ratio stands at 598 officers per lakh persons, one of the highest in India but still marked by 6–8 per cent vacancies. Village Defence Guards, revived in 2023, add armed local volunteers in vulnerable hamlets.
STAKEHOLDER MAPPING AND COMMUNITY DYNAMICS:
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- Key actors include Panchayati Raj Institutions, prospective Members of the Legislative Assembly, women’s self-help groups, surrendered militants, tourism bodies and media outlets.
- Each actor possesses unique informational capital; however, absence of an empowered Assembly hampers structured dialogue and joint accountability.
THE ISSUES:
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- Intelligence gaps: HUMINT networks eroded by frequent transfers and absence of elected intermediaries.
- Trust deficit: Allegations of arbitrary detentions under the Public Safety Act aggravate alienation.
- Over-centralisation: Tactical decisions often routed through security headquarters in Delhi, slowing response.
- Capacity bottlenecks: Only two district forensic labs operational; cyber-forensics depend on out-of-state facilities.
- Cyber-radicalisation: Encrypted peer-to-peer channels outpace monitoring. NCRB registered a 29 per cent rise in cyber-terror offences in J&K between 2021 and 2023.
- Legal ambiguity: Overlap between Unlawful Activities (Prevention) Act 1967 and Code of Criminal Procedure often delays framing of charges.
POLICY FRAMEWORK AND EXISTING GOVERNMENT INITIATIVES:
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- Modernisation of Police Forces scheme funds drone surveillance and facial-recognition cameras along National Highway-44.
- Mission Karmayogi’s iGOT platform now offers elective cyber-crime modules to sub-inspectors.
- Indian Cyber Crime Coordination Centre nodes in Srinagar and Jammu integrate digital evidence for National Investigation Agency.
- The Revamped Village Defence Guards Scheme operationalises armed civilian sentinels in border belts.
BEST PRACTICES FROM INDIA AND ABROAD:
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- Northern Ireland’s Policing and Community Safety Partnerships institutionalise citizen oversight committees that monitor beat performance.
- Tamil Nadu’s “Smart Khakis” motorcycle patrols apply GPS analytics for rapid response and visible policing.
- The United States Bureau of Justice Assistance “Smart Policing Initiative” demonstrates data-driven deployment and problem-oriented policing.
COMMISSIONED INSIGHTS: ARC-II AND OTHER POLICE REFORM PANELS
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- The Second Administrative Reforms Commission’s “Public Order” report urged State Security Commissions, fixed tenure for Superintendents of Police and the bifurcation of investigation from law-and-order wings.
- The National Police Commission (1977-81) sought independent complaints authorities.
- Subsequent Ribeiro, Padmanabhaiah and Malimath panels reiterated these ideas, adding district-level grievances redress, improved teeth-to-tail ratio and victim-witness support.
- The Supreme Court in Prakash Singh converted many into binding directives that remain partially implemented in J&K.
THE WAY FORWARD:
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- Statutory State Security Commission: Enact a Jammu and Kashmir Police Act that creates a commission chaired by the Chief Minister with minority representation from civil society. This body would set annual policing goals and release a public report card. Transparent targets foster trust and allow course correction mid-year.
- Fixed Tenure and Posting Boards: Provide a minimum two-year tenure for Station House Officers and district heads through a Police Establishment Board. Predictable tenure stabilises HUMINT cells and reduces political patronage. The board’s minutes should be uploaded quarterly for scrutiny.
- Dual-Wing Model: Separate investigation cadres from law-and-order sections at the district level. Dedicated investigators can specialise in financial forensics and cyber tracing. This reduces pendency and boosts conviction rates.
- Expanded Community Liaison Units: Institutionalise Panchayat Safety Committees co-chaired by the sarpanch and local inspector. Monthly open houses tap local grievances and update threat maps.
- Technology with Oversight: Deploy body-worn cameras and real-time facial recognition only under written authorisation of magistrates with audit trails. This safeguards civil liberties while deterring misconduct.
- Integrated Training Hub: Convert the Sher-e-Kashmir Police Academy into a multi-agency Counter Terror Centre of Excellence under Mission Karmayogi. Joint modules with the Army and Central Armed Police Forces standardise protocols.
- Victim and Witness Support Units: Create district-level one-stop centres offering counselling, relocation and legal aid funded through Nirbhaya and Police Welfare Funds. Assured protection encourages testimony against terror finance networks.
- Performance-Linked Grants: Tie a portion of modernisation funds to measurable indicators such as reduction in civilian casualties and average first-information-report filing time. Quarterly dashboards cultivate healthy district competition. Independent auditors validate data integrity.
- Gender-Responsive Policing: Reserve at least one third of new sub-inspector posts for women and establish Women Help Desks in every police station by 2027. Diverse patrols enhance approachability and reporting of radicalisation signs within households.
- Cross-Border Technology Shield: Install unified radio-frequency sensor grids along infiltration-prone valleys and integrate feeds to the Indian Regional Navigation Satellite System for autonomous drone interception. A joint operations protocol between JAKP and Border Security Force avoids jurisdictional confusion.
THE CONCLUSION:
A community-anchored police force, answerable to the people’s representatives yet professionally insulated from partisan pressures, is central to neutralising the residual terror ecosystem in Jammu and Kashmir. By operationalising long-pending national reform blueprints and pairing them with localised trust-building, the Union Territory can transition from a command-and-control security model to a participatory architecture that delivers both safety and dignity.
UPSC PAST YEAR QUESTION:
Q. The banning of ‘Jamaat-e – islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. 2019
MAINS PRACTICE QUESTION:
Q. Recent debates propose that the Jammu and Kashmir Police be placed under the authority of an elected government. Suggest a framework that secures democratic accountability without diluting counter-terror capabilities.
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