Though the title sounds unique, it is a fact that there are legal issues involved even in ensuring justice and security for the society. It is an indisputable fact that there are competing legal and social issues that influence the actions of public officials, security personnel and private citizens with regard to provision of law enforcement, safety and security services for various elements of society. The potential conflicts between public policy and civil rights are also not to be lost sight of.

The local law enforcement agencies face heavy ordeal in making justice and security available to the general public. This is the bitter truth one has to digest, though it doesn’t seem so. For example, when municipal authorities attempt removing encroachers of public property, the culprits or the encroachers rise in revolt against removal of their ill-gotten possession. They do not even realize that their act is fraught with legal infirmities evoking public wrath. The beneficiaries are mindful only of the benefit they enjoy and they do not have even an inclination to know whether what they have been doing is legal or illegal. As such encroachers owe allegiance to parties in power, more often than not, they are powerful enough to prevent the corrective action attempted by the law enforcing agencies. This is the bane of democracy anywhere and India cannot hope to be a golden exception to the rotten rule.

When public safety and civil rights are to be protected, the law enforcing agencies must be given a free hand to deal with offenders of such public safety and civil rights. The law enforcing agencies, unfortunately, command no influence from power centers with the result they are not able to produce anything tangible in their bid.

The juvenile justice and its relationship with the other protective agencies, when examined in close scrutiny, does not hold out any sanguine hope for the future. Law enforcing agencies get tired of the political intervention in safeguarding the interest of criminals who are in police custody. When the law enforcing officials capture the criminals, even risking their lives, the oral order issued by politicians for the release of the culprits greatly dishearten the law enforcing agencies with the result there is appalling deterioration in the quality of service of the law enforcing agencies. The resultant inaction on the part of the law enforcing agencies enthuse the criminals to accelerate their criminal activities, which earns the Government in power the hatred of the general public.  It is only in such circumstances, the role of private security organizations with respect to both corporate and public protection, gains significance.  The security provided by private security organizations to corporate sector and the civilian houses is found to be most satisfying as in such cases the ill-effects of bureaucracy with its attendant red-tapism and procrastination is blissfully absent.

The responsibilities shouldered by the justice system officials and security personnel and private citizen’s vis-à-vis the investigative detection and/or the arrests of suspected offenders are really both great and laudable. As culprits develop their skill in committing crimes, obviating all chances for their detection by the security personnel, the need for enhancing or stepping up the security system enabling easier detection and further avoidance of such offences being commissioned becomes imperative and inevitable.  If only the private security personnel are offered government protection in the event of their grabbing the criminals and subjecting them to trial and then for legal action against their offences, the crime would no doubt plummet down, thereby converting this earth into the very heaven.

It is imperative that when proven criminals are dealt with mercilessly, suspected offenders should be given a fairly reasonable treatment by the police, courts and detention officials, so that the chances of the suspected criminals coming forward to get themselves dissociated from the criminals would brighten.  Blow hot and Blow cold policy is to be necessarily employed in order to bring down the level of crime. The psychological and physical treatment of suspected offenders by police and courts and detention officials should be soft and not akin to that employed in the case of confirmed offenders.

Problems caused to social peace and security thanks to factors such as cultural diversity, race, ethnicity, gender, age and religion should also be taken into account while dealing with law enforcement.

The enormous growth the technological developments in almost all areas has its own part in adding up to various complexities. Handling such crimes requires more sophistication and extra vigilance.  The law enforcing agencies shall also take into account the rights of accused, victims, witnesses, journalists, advocacy groups and tax payers so that no fresh conflict in between them gains ground.

New dimension assumed by social problem of domestic violence, trends in family structure and determination of roles of law enforcement and other social institutions in dealing with family, school and workplace violence is also to be taken note of.

If all the above are given the importance and care they deserve by the law enforcing agencies, by virtue of their capability to contribute to deterioration in law and order, there will be perceptible improvement in the law and order profile.