Police reforms in India GS: 2 "EMPOWER IAS"

Context:

• Common Cause’s recent survey on the Status of Policing in India says that Police brutality in recent months has turned quotidian.

 

Constitutional background:

• The primary role of police forces is to uphold and enforce laws, investigate crimes and ensure security for people in the country.  
• Police is a subject governed by states under the seventh schedule.
• The centre maintains various central armed police forces and paramilitary forces. The centre is also responsible for policing in the union territories.  It also extends intelligence and financial support to the state police forces.
• In emergency situations like communal riots, the centre can invoke Article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc. 

 

Police in India

• Under the Constitution of India, Police and Public order are state subjects under the Seventh Schedule to the Constitution. As a result, all states have their individual police laws. Also, Article 355 of the Constitution enjoins upon the Union to protect every state against external aggression and internal disturbance. It also imposes the duty upon the Union Government to ensure that that government of every state is carried on in accordance with the Constitutional provisions.
• Legally, the Police Act, 1861 is still the basic instrument governing the functioning of the Indian Police. Besides the Indian Penal Code, 1862, the Indian Evidence Act, 1872 and the Criminal Procedure Code of 1973 also govern the functioning of the police.
• India’s police force is divided into two categories: Civil Police and Armed Police. Civil Police is designated for maintaining law and order, prevention and detection of crime and law enforcement. Armed Police, on the other hand, are seen during natural disasters or riots/civil unrest.

 

Major issues with Police in India

• Huge vacancies: With the phenomenal expansion of the geographic area to be policed and the increase in the number of lives to be guarded, the Indian police, more than in many western democracies, have been stretched and outnumbered. There are only about 140 policemen per 100,000 people, a very poor ratio when compared to other modern democracies.
• Over-burden: Police force is over-burdened especially at lower levels where constabulary is forced to work continuously for 14-16 hours, 7 days a week. It adversely impacts their performance.
• Arduous nature of duties and working conditions: The nature of the duties is very uncertain and the police itself say that policemen are on duty all the time – it’s a violation of Human Rights.
• Risk to life: The risk to life in Police is very high. Policemen are killed in India in the performance of duties than in any other country of the world. There’s no indication that in future the risk element would be less.
• Police Infrastructure:The weaponry, vehicles etc. used by police force at lower level is obsolete and is unmatched with the modern weaponry used by the criminals and anti-social elements.
• Qualifications and training of police personnels: Police training methods have been out dated and aspects of human rights are largely ignored in training modules. Training of police officials is heavily biased in favour of higher level officials. 94% of the total training expenditure is on IPS officers’ training.
• Politicization of Police: Politicization of a police force is a major problem as it affects the autonomy of police force making them to subserve the interests of political executive at the cost of ordinary citizens. CID at the state level has failed to perform because of political cases led by the ruling parties against their opponents and because of excessive political interference by political executive.
• Lack of co-ordination between centre and states is a matter related to maintenance of law & order results in ineffective functioning of police force. The dual command at district and state levels have resulted in the problem of co-ordination between the civil servants and police officials because of ego clashes and inconceivable personal differences.
• Criminalization of politics and politicization of crime have aggravated the problems of police force as they are not in a position to curb the crime in effective manner.
• Ineffectiveness against new forms of crimes: Police force is not in the position to tackle present days’ problems of cyber-crimes, global terrorism, naxalism because of its structural weaknesses.
• Aversion towards usage of technology among police personnel
• Judicial reforms have not been effective as most of the criminals are not punished for the crime they committed. Inspite of recommendations of various commissions’, crime investigation has not been separated from maintenance of law & order.
• Underutilisation of funds for modernisation: Both centre and states allocate funds for modernisation of state police forces. These funds are typically used for strengthening police infrastructure, by way of construction of police stations, purchase of weaponry, communication equipment and vehicles. However, there has been a persistent problem of underutilisation of modernisation funds.
• Prevailing Corruption: The pay scales of police personnel especially at the lower levels are very low and they are forced to adopt corrupt means to earn their livelihood. Prevalence of Rank system within the police force results in abuse of power by top level executive over lower level personnel.

 

Objectives of the reforms:

 

1. Police sensitisation about their role in society

• The sensitisation module should aim at bringing about attitudinal change in police — especially pertaining to gender and power relations and police behaviour.
• There has to be promptness of action and decency of behaviour.
• They need to be trained in body language and strictly advised to refrain from abusive behaviour.
• It is necessary to increase public confidence in the police by upgrading levels of police service delivery as well as by investigating and acting in cases of police misconduct.

 

2) Increasing accountability

• Public confidence in police decreases when the public perceives that police abuses are not investigated effectively.
• Enhancing accountability will improve police legitimacy and increase public confidence, which, in turn, will reinforce the integrity of the system.
• The Police Ombudsman of Northern Ireland, the Danish Independent Police Complaints Authority are some examples of mechanisms for accountability of the police for acts of abuse of power.

 

3) De-politicisation of the police

• Linked to accountability is de-politicisation of the police force.
• This is a must for the effective functioning of the country’s criminal justice system.
• The police, as the custodian of maintenance of law and order, must stay away from agenda-driven politics.

 

Police reforms initiatives:

 

 

 

Directions of the Supreme Court in Prakash Singh vs Union of India

• Constitute a State Security Commission in every state that will lay down policy for police functioning, evaluate police performance, and ensure that state governments do not exercise unwarranted influence on the police.
• Constitute a Police Establishment Board in every state that will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police, and make recommendations to the state government for officers of higher ranks.
• Constitute Police Complaints Authorities at the state and district levels to inquire into allegations of serious misconduct and abuse of power by police personnel.
• Provide a minimum tenure of at least two years for the DGP and other key police officers (e.g., officers in charge of a police station and district) within the state forces, and the Chiefs of the central forces to protect them against arbitrary transfers and postings.
• Ensure that the DGP of state police is appointed from amongst three senior-most officers who have been empanelled for the promotion by the Union Public Service Commission on the basis of length of service, good record and experience.
• Separate the investigating police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.
• Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of the central armed police forces.

 

Model Police Act, 2006

• Independent Complaints Authority: Under the Model Police Act, 2006 drafted by the Police Act Drafting Committee (2005), and the Supreme Court guidelines (2006), states are required to set up state and district level complaints authorities.
• Organisation and recruitment: Each state will have one police service, which shall be headed by the DGP.  Direct recruitments to subordinate ranks (i.e. below Deputy SP) will be made through a state level Police Recruitment Board.  
• Accountability: State Police Boards will be constituted in each state to frame guidelines, select officers who are qualified to be promoted to the rank of DGP, and evaluate police performance.  Police Accountability Commissions will also be set up by states to address complaints of police misconduct.  
• Service Conditions: The state government will ensure that the average hours of duty of a police officer do not exceed 8 hours (in exceptional situations, 12 hours).  Adequate insurance coverage will also be provided to personnel. A Police Welfare Board must also be set up to administer and monitor welfare measures.

 

Ways Forward

• Curbing Criminalisation of Politics: The criminal nexus with politics will have to be broken and reforms must start with the political system. Thus, there is a need for laws which debars persons with serious criminal cases from entering the assemblies and the Parliament.
• Revamping Criminal Justice System: There is a need to incorporate the Menon Committee and Malimath Committee recommendations for devising a national policy paper on the criminal justice system. Some of the key recommendations are as follows:
• Creation of a fund to compensate victims who turn hostile from the pressure of culprits.
• Setting up of separate authority at the national level to deal with crimes threatening the country security.
• A complete revamp of the entire criminal procedure system.
• Independent Complaints Authority: The Supreme Court has observed that there is a need to have an independent complaints authority to inquire into complaints of police misconduct.
• The Model Police Act, 2006 requires each state to set up an authority comprising retired High Court Judges, civil society members, retired police officers and public administrators from another state.
• Implementing the Supreme Court’s Directive: The Supreme Court’s directions in Prakash Singh case 2006 on police reforms must be implemented. The court laid out seven directives where considerable work in police reforms is still needed.

 

Implementation of guidelines and recommendations

• After the National Police Commission in 1977, several committees were set up, including the Gore Committee, Padmanabhaiah Committee and Malimath Committee.
• These commissions and committees have made far-reaching recommendations.
• The top police leadership should be selected by apolitical representatives and an impartial body as suggested by Dharma Vira Commission have farsighted implications.
• It was a strong antidote to opportunistic appointments and transfers.
• Recommendations of the commission, if implemented, along with the Supreme Court directives of 2006 by Justice Sabharwal, in true letter and spirit, will go a long way in police reform.