High Time for Police Reforms

In Context

• Demands for states to initiate police reforms have started coming from various quarters.

About

• The Indian police system in 2022, still works under the framework of the archaic Police Act, 1861.
• The Supreme Court’s directives given in Prakash Singh vs. The Union of India case have not been implemented fully by the states.

Need for reforms

• The Police Act of 1861 was crafted in the wake of the 1857 revolt and was primarily an oppressive tool to tame the Indians.
• It has been more than 150 years now and the society now is entirely different from the times the Act was made, especially after independence
• The expectations of the public from the police forces have changed in entirety and what is required today is largely reformative policing and not retributive.
• The character of the crimes has also changed entirely with the coming in of technology and other factors like white collar and sophisticated crimes.
• Therefore, it’s high time to revamp the policing system in India and make it relevant with today’s crime and requisite investigation.

Issues with the present Police System

• Nexus of Politicians, Police and Criminals: Under the present system, the police are under the executive’s control. The latter has been able to abuse its power to manipulate the investigations as per their whims and fancies.
• Criminalisation of politics: The increasing criminalisation of politics since the 1970s has further eroded the level of policing attributable to an unholy level of nexus among criminals, politicians and police.
• Overburdened Police Force: Police forces across India are inadequately staffed.  As per UN there should be 222 police personnel per lakh population. However, India has just 137.
  • Result is unsatisfactory working conditions with long working hours and an enormous workload for the police.
• In colonial hungover: The police in India still come under Police Act of 1961 thus not reflecting today’s needs and aspirations.
• Gender inequity: There is no adequate representation of women in the police force thus negatively impacting investigations of women-related crimes.
• Accountability: Custodial tortures and deaths are not an uncommon phenomenon with police in India. The police because of lack of accountability have been abusing their power and suppressing the very people they are supposed to protect.
• Corruption: Because of criminalisation of politics and lack of accountability there has been rampant corruption in the ranks and files of police.
• Inadequate Resources: The police forces face severe lack of resources in correspondence to complex duties they have to perform. The infrastructure when it comes to weaponry, vehicles has not been updated uniformly.
• Problem with Constabulary: The constables constitute 86% of the police forces and their duties also involve a certain amount of decision making and judgment for which they are not adequately skilled and trained.
• Crime Investigation: Crime investigation requires skills and training, time and resources, and adequate forensic capabilities and infrastructure. Police do not have adequate training and expertise to conduct professional investigations.
• Police-Public Distrust: There is a trust deficit among the public when it comes to the police who are often seen as corrupt, inefficient and politically partisan.

Commissions on Police Reforms

• Since independence there have been various commissions appointed for the police reforms. They are
  • National Police Commission (NPC): The NPC was constituted in 1977 with wide terms of reference covering police organisation, role, functions, public relations, etc. Major recommendations:
    • Judicial inquiry for custodial rape, death, hurt, and deaths in case of police firing.
    • The NPC suggested a few measures to limit the influence of politics on police work to broad policies and ensuring that police performance is in accordance with the law.
    • Making police more sensitive to the needs and complaints of the marginalised sections of society.
    • The NPC recommended an important amendment to Section 154 Cr.P.C. which would make it incumbent on a police station to register an FIR whether or not the crime has taken place in its jurisdiction and then transfer the FIR to the concerned police station, if necessary.
    • Measures to reduce third-degree methods by the police.
    • The report recommended the gradual phasing out of all recruitment except at the IPS and the constable level.
    • The Police Act of 1861 should be replaced by a new Police Act, which not only changes the system of superintendence and control over the police but also enlarges the role of the police to make it function as an agency which promotes the rule of law in the country and renders impartial service to the community.
• Ribeiro Committee: The committee submitted two reports in 1998 and 1999. It endorsed the recommendations of the NPC with certain modifications.
• Padmanabhaiah Committee: The committee submitted its report in 2000
• Malimath Committee: This committee was for reforms of the criminal justice system in India and submitted the report in 2003.
• Supreme Court Directives on Police Reforms (2006): Constitute a state security commission to make sure that the state does not exercise undue influence on the police.
  • The DGP should be appointed through a transparent and merit-based process and have a minimum tenure of two years.
  • Other police officers on operational duties should also be given a minimum two-year tenure.
  • The ‘law and order’ and ‘investigation’ functions of the police should be separated.
  • A Police Establishment Board should be set up to decide transfers, promotions, postings and other service-related matters of the police.
    • Set up police complaints authorities at the state and district levels to enquire into complaints of the public against police officers of and above the DSP rank for serious misconduct including custodial rape and death.
  • Establish a National Security Commission at the central level for preparing a panel for the selection and placement of Chiefs of the Central Police Organisations with a minimum tenure of 2 years.
  • However even after 15 years the SC directives have not been implemented fully by any state.
• NITI Ayog: In 2016 report said that the directives of the supreme court have been only partially initiated by different states. They exist only in letter and not in spirit.

Way Forward

• With so many commissions constituted and plethora of recommendations, the states have been silent on it. There has been no serious effort by the government to get rid of its discretionary power.
• There is paucity of political will status-quoist attitude of the successive governments
• To make the police forces service-oriented and fit for vibrant democracy, the recommendations of NPC and directives of SC in Praksh Singh cases hould be implemented soon.
• Novelties such as AI, Machine Learning, advanced forensics should be included in the police architecture.

Gender equity should be taken into account when it comes to induction of personnel so that the police is sensitive to women related crimes