Essay on Police Reforms in India for UPSC : The debate over police reforms continues to rage. Sleeves have been folded and swords have been pulled for a one-to-one duel on either side of the fence and there are some straight on the fence, still undecided as to which side they should join. While it is no one’s case that there should not be any reforms of the police organization at all, crucial as it is to the internal security of the country as well as to the administration of the criminal justice system, as also acknowledged by the various police commissions [both national and state ones], the National Human rights Commission [NHRC], and Justice Malimath Committee on Criminal justice Reform.
Essay on Police Reforms in India for UPSC
The debate over police reforms continues to rage. Sleeves
have been folded and swords have been pulled for a one-to-one duel on either
side of the fence and there are some straight on the fence, still undecided as
to which side they should join. While it is no one’s case that there should not
be any reforms of the police organization at all, crucial as it is to the
internal security of the country as well as to the administration of the
criminal justice system, as also acknowledged by the various police commissions
[both national and state ones], the National Human rights Commission [NHRC],
and Justice Malimath Committee on Criminal justice Reform.
So, it is more in the fitness of things that the ongoing
debate on police reforms, as presently pitched, should not only be well
informed but should also be sensitive to the various concerns and issues as
have been raised by the various parties involved. While we have all felt all
along the need for a strong, independent and sensitized police force for better
enforcement of the law of the land and for protection of the hoi polloi’s common
civil rights, all this remained pious thoughts only, just nostrums from the
rostrums.
Notwithstanding the fact that we became independent almost
sixty years back, we have left our police and policing to be governed by the
colonial Indian Police Act of 1861. Even though a lot of incremental changes
have been introduced in this Act from time to time, but they have been more in
the nature of a patch-work and our police organisation definitely deserves a
better deal, more so in view of the multiple threats posed to our internal
security. Today, with the structure of our society and state becoming more
complex, we need to have a police organization which is accordingly geared to
stand up to all the challenges to our security and sovereignty.
The dimension of the non-state actors becoming a distinct
security threat with serious implications for our security preparations and
needs has also to be adequately factored into our overall security planning.
The Police Act Drafting Committee headed by Soli Sorabjee put out for debate
the rough draft for a new law to replace the antiquated Indian Police Act of
1861. The draft Police Act, Inter alia, has provisions to check pressure on
subordinate officers from their superiors and other quarters.
While hearing a public interest litigations, the three-judge
bench headed by no less than the Chief Justice of India issued instructions to
the requisite authorities to take necessary action in this regard as per
detailed directives given by the court. The court directive recommended
sweeping reforms, from restructuring of the entire force to its modernization
and various qualitative changes.
As per recommendations, all states were to constitute a
State Security Commission [SSC], a Police Establishment Board and a Police
Complaints Authority. States are expected to ensure that all officers, from the
rank of an SP to DGP, hold office, wherever they are posted, for, at least, two
years. The UPSC was supposed to recommend three DGPs for each state out of
which one would be selected by the SC. Similarly, there was to be a National
Security Commission to pick the heads of the BSF, CiSF, CRPF and the ITBP.
It is felt that if the whimsical and motivated transfers of
senior police officers can be checked, then it would do a world of good for the
morale of the officers and with that, for the efficiency and effectiveness of
the entire administration. But here questions have also been raised about
advisability of such a move. The power to transfer officers, if used
effectively, can become a potent tool to penalize or reward officials. It is
feared that if such a power is taken from an elected people’s representative,
then it would only result in strengthening of one institution at the expense of
the other. But one feels that such a fear is unfounded as there can be made
provision to allay such fears in the reformed structure but it shall not be
fair not to do something about the reckless transfer industry as flourishing
now.
The Bench also ordered the setting up of Commission to
decide on selections and appointment to cushion the police force including
officers from undue interference from various quarters in matters as important
as the selection, posting and transfer of the officers. The two other striking
aspects were the creation of a state security commission to supervise the
entire police officials. All in all, the directive ought to streamline the
functioning of the police in an effective and non-partisan manner.
As of now, the supervision over the police and redressal of
complaints against it has been ad hoc and informed with dilettantism. Creation
of a State Security Commission was supposed to infuse an adequate amount of
seriousness into our policing and such a systematic and coordinated supervision
should also make our policing a lot more professional in keeping with the
changing times. Even though rise of an activist media and a conscientised civil
society have succeeded to a good extent in highlighting various acts of
omission and commission by the police, but having a separate and independent
Complaints Authority specifically for this purpose should make the public
grievances redressal a lot more systematic and easier. It shall also have a
salutary effect on our police organization as already visible in more
responsible conduct of the police since activism by the judiciary and various
human rights body went up.
At the same time, another special committee, constituted in
December 2004, has identified 49 recommendations from the numerous reports of
different police commissions to bring about drastic changes in the police and
policing. It has confined itself to drawing up recommendations that are crucial
for improvement in police functioning and the implementation of which would
make an immediate impact on the reform process.
Among the short listed recommendations are those on which
the Supreme Court has issued directives. The other recommendations include the
creation of a Federal Police for internal security [ already created in the
form of National Investigation Agency or NIA], modernization of police forces,
improvement in forensic science and infrastructure, tackling organised crime,
tackling economic offences, amending the identification of Prisoners Act and
measures to improve accountability and efficiency at all levels of the police
hierarchy.
While it is true that many of the proposed reforms have
already been implemented but most of them are yet to see light of the day. Even
those which have been implemented, they have only been implemented
half-heartedly with no real qualitative impact on the quality of police or
policing in the country. All the necessary committees and boards, even though
in place in most of the states in keeping with court instructions, have only
been an eye-wash with no real improvement in the police organisation. One just
hopes that all the stake-holders shall once again give due seriousness to the
proposed police reforms if we are really serious about good governance in this
country.
COMMENTS