India’s Real Life Sherlocks Stuck in a Legal Limbo

The Private Detective Agencies (Regulation) Bill 2007 has been in a limbo since its introduction in the Rajya Sabha.

(Photo: iStockPhoto)

She is a real-life ‘Byomkesh Bakshi’ — snooping on and stalking individuals, eavesdropping, planting bugs, and hacking into personal accounts. She does it all to solve the toughest mysteries.

But Rajani Pandit rues that while the fictitious Bengali detective is free to pursue the truth, she and others like her have to operate in a grey legal area.

Private detectives are not recognised by the government even as related legislation has been pending since 2007. Without a regulatory law and government recognition, she says, her ilk often treads a thin line between legality and illegality.

With the proliferation of private detective agencies, particularly foreign firms, stakeholders now say a law regulating the fast-growing industry is imperative.

Regarded as the country's first woman detective and credited with solving numerous cases, including some high-profile murder cases, Pandit, in her 50s, told IANS that a regulatory law with a proper mechanism of licensing private detectives would save them from regular police harassment and help the industry to flourish.

Pandit, who has been running her detective agency in Mumbai since 1991 said, “We have to undertake many tasks like stalking people or eavesdropping, which involves risking police action.”

Police perceive private detectives as some sort of threat and often harass us. If there is a regulatory law and we are licensed, we will not have to face such harassment. Licensing will also help us in getting permissions for tasks like mobile tracking or use other tracking devices.

After moving away from mere matrimonial investigations, Indian detective agencies are steadily expanding into corporate and litigation intelligence.

And Pandit's demand for operating with a licence is echoed by many in the sector.

“Indispensable in Corporate Functioning”

Kunwar Vikram Singh, founding President of the Association of Private Detectives and Investigators India (APDI), told IANS that it was high time the government recognised the significance of the industry.

In the last few years, the private investigation industry has grown exponentially and so has the realm and dimension of the investigations.

Kunwar Vikram Singh

While there are no government figures available, according to the APDI, there are over a lakh of people, including women, operating as private investigators across the country.

Singh said many foreign firms have also started operating as risk consultancies in India. But he sees a security risk there because "we don't have a law to check and authenticate their operations," he says.

"This indeed can become a matter of security concern and the government must enact a law at the earliest," said Singh, referring to the Private Detective Agencies (Regulation) Bill 2007.

In a limbo since it was introduced in the Rajya Sabha in August 2007, the bill sets up a system to license private detectives and regulate their conduct. It also specifies that a private detective must be an Indian citizen.

Pandit, too, opined that a regulatory law will help in weeding out "unscrupulous elements" from the private detective industry. "There are many instances of people being defrauded by unscrupulous people posing as private detectives," he added.

Unlike their illustrious fictional counterparts such as Sherlock Holmes or Adrian Monk, they may not be solving high-profile murder cases, but private detectives are often hired by litigants and advocates for providing "clinching" evidence.

Banks and financial institutions also hire the services of private investigators.

Besides screening of customers and those seeking loans, our services are hired to track defaulters and locate their assets. Services also include verification of documents submitted by the customers or those seeking loans.

Kunwar Vikram Singh

Fruitful Talks With the Government

Kunwar Vikram Singh said APDI recently held very "fruitful talks" with the government about the passage of the bill.

He said the industry and the government were also working to set up a detailed programme, including training centres for private detectives — mostly former intelligence and security officials.

He said the Security Sector Skill Development Council (SSSDC), constituted by the National Skill Development Corporation (NSDC), was working on that front. The training programme, he said, will also promote more women to join the industry.

(This story has been edited for length and published in an arrangement with IANS.)

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