PPP in public security infrastructure

The Mumbai terrorist attacks have clearly highlighted the need for development of adequate public security systems. India needs to ramp up its public security infrastructure as soon as possible.

It is not advisable to rely on the armed forces or branches or the armed forces for domestic violence and terror threats on a regular basis, as it would slowly but surely result in the politicisation of the armed forces.

The PPP route can be taken in order to achieve a rapid roll out of public security infrastructure. The PPP route, in this case, could be adopted not with the main objective of enabling financing, but for enabling a faster roll out and ensuring continued maintenance of the infrastructure developed to specified standards.

The following measures would be required in order to establish an adequate legal framework in this regard:

(i) Public security should be granted status of 'infrastructure'. It should be eligible for tax concessions and financing.

(ii) Persons/entities investing in security in relation to their premises or investing in a company specialising in public security should be eligible for tax concessions.

(iii) CCTV camera network with control rooms across cities, highways, ports, airports on a pan-India basis has to be rolled out. This would require dividing the country into various zones and structuring time bound roll outs. The PPP route can be taken in this regard. Each CCTV infrastructure project would comprise of following elements: (a) supply and installation of CCTV cameras, (b) connection of the CCTV cameras with optic fibre networks, (c) establishment, operation, management and maintenance of a command control room in relation to each area that receives, records and stores the feeds, (d) continuous processing of the feeds recorded.

(iv) Development of police infrastructure: uniforms, equipment, vehicles, training, police stations, control rooms, communication infrastructure. To enable faster roll out, infrastructure development can be undertaken through a PPP route, where the private participant is obligated to create and maintain the infrastructure up to specified standards (for example, police stations buildings, police vehicle fleet, police communication systems, computerisation)

(v) Creation of regional airborne police arm: this will have helicopters to patrol areas within their specified regions, with radar surveillance and armed police deployment capabilities. PPP structures can be adopted in some areas.

(vi) Coastal areas to have a marine police arm: this will essentially have hovercraft surveillance and motor boat patrolling capabilities. PPP structure can be adopted in relation to the supply, operation and maintenance of the hovercrafts and motor boats and related equipment.

(vii) Creation of computerised data banks of building plans in a municipal area: in light of the urban warfare techniques being adopted by terrorists, it is important to have an easily accessible and reliable data bank relating to building plans and layout of buildings and streets within an urban area. This will require computerisation of existing municipal records and their cross verification with actual site visits. Again, PPP structure can be adopted.

(viii) All PPP projects in public security infrastructure will have to incorporate the following safeguards: (a) Confidentiality obligations to be secured by performance bank guarantee and indemnities; (b) No Conflict of Interest representations.

It should be ensured that the PPP structures are limited to only the development and maintenance of infrastructure and not extend to elements of 'policing' or 'security enforcement' itself.

(The author is a Partner with Clarus Law Associates, New Delhi and author of the book 'Law Relating to Infrastructure Projects'.)