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| No security checks for Pvt security agencies in J&K | | |
Abodh Sharma
Jammu, Aug 12: Brutal killing of a Mumbai woman lawyer by a Valley based security guard in her apartment at a posh Mumbai locality has once again raised serious question as to how secure these private security agencies actually are, especially in J&K.
With increasing threat perception and the security consciousness, the security needs of the people have grown correspondingly. As a result, private security agencies are in thick business these days, especially in the state of Jammu and Kashmir. But not many know that while private security agencies are governed by stringent regulations of law all across the country, those in Jammu and Kashmir have no check over them.
Parliament passed an act titled Private Security Agencies Regulation Act 2005 which has several provisions to regulate the functioning of private security agencies, but since the Act has not been enacted by the government of Jammu and Kashmir, security agencies here are free to work to their own whims and fancies. Sources disclose that Jammu and Kashmir police has given several recommendations to the government to regulate the functioning of these agencies, but like most other things, government has chosen to sleep over them as well.
Minister for Home Nasir Aslam Wani when contacted admitted that he was unaware of any such regulations in the state. "I have no idea, you shall have to check it out with the Home Secretary", the Minister said. The Commissioner Secretary Home B R Sharma however said, "that is under consideration with the Law and Labour Department", suggesting that the government was in the process in enacting a law to regulate the private security agencies. He, however, could not explain why the Law passed by the Parliament and enacted by other states of the country seven years ago could not be enacted in J&K.
The act provides for appointment of a Controlling Authority which the State Government must designate by a notification. An officer not below the rank of a Joint Secretary in the Home Department of the State or an equivalent officer may be designated as Commissioner.
As per the provisions of the act, it is imperative to obtain a license for setting up a private security agency. No person can start a private security agency unless he obtains a license from the designated authority.
A person applying for such a private security agency should not be convicted of an offence or have links with any organization or association which is banned under any
Law, or dismissed or removed from government service on grounds of misconduct or
moral turpitude.
The act also provides for a proper training for those who are inducted as security guards. Though it is mandatory to give preference to ex-servicemen in such agencies, those who have been removed from service following misconduct of any kind can not be considered.
Interestingly, while many private security guards in several institutions are issued khakhi uniform which is similar to the one issued to the police and para military forces, it is an offence and security agency issuing such uniforms can be penalized.
It is a pity, that all these rules have been easily flouted in our state in the absence of a designated controlling authority. "We have not been registered by anybody" said a manager of a private security agency in Jammu. "I do not know of any such act" he replied when asked about it. However, more unfortunate is the insensitivity of the government which has failed to take cognizance of the importance of regulating such agencies.
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