Police Administration And Reforms: A Change In Approach The Need Of The Hour

Vaishnavi Gupta, Symbiosis Law School, Hyderabad

INTRODUCTION

The police system in India has been borrowed from the police system that was existing in colonial India. Many of the practices followed by the erstwhile colonial police have continued into the post-independence police system. There were not any major reforms made to the existing police mechanism for a long time even after 1947. This meant that the police force did not undergo much change in terms of the treatment continued to be meted out to criminals, the employment of third-degree methods to extract information out of convicts and the poor conditions within the jails for convicts. The current expenditure on the police force is roughly 3% of the Gross Domestic Product of both the State and Central government expenditure. The statistics of the size of the police force indicate that India falls short of the UN mandate of providing for adequate no of policemen per lakh of the population. India presently has 181 policemen per lakh persons (2016) as compared to the UN mandate of 222 per lakh population. The number of constables within this police force constitute about 86% of the force. Constables attain a maximum rank of Head Constable after which they retire. There is no motivation among them to improve performance. Additionally, the lack of proper technical skills as well as lack of awareness of the rights of prisoners as well as good social science education leads them to be trained as ‘killers’ and ‘strongmen’ which leads to them committing atrocities on the convicts, resulting in surging custodial deaths. The conditions within the jails have been bad for a long time as overcrowding and inferior facilities within the prisons have resulted in high death rates within prisons. There have been various committees which have been set up to look into the existing prison system and suggest measures to improve these conditions. However, there has been no real progress as year after year, the prison system has gone from far to worse with prison facilities falling to abject levels. There were various other committees set up to look into the fallacies of the police administration system apart from the jails, like the functioning of the, police force and the management aspects of the force. The most important committee in this respect is the Padmanabhaiah Committee which was set up in the year 2000 to look into the existing police system. This committee recognized the growing politicisation of the police and raised concerns about the independence of the institutions from political pressure. However, no active steps were taken for the redressal of this problem and the consequence of this has been a steady rise in the number of politically motivated extra judicial killing which undermine the police administration as well as the justice system of the country.

The aim of the present study is to analyze the current state of the police administration, review the efficacy of the reform measures and provide an analytical critique on the same.

LITERATURE REVIEW

1. Rakesh Mohan et al., India Transformed: Twenty-Five Years of Economic Reforms

The authors have traced the evolution of India’s journey post the reforms of 1991 and analysed the steps taken in a historical and chronological order in the case of various institutions ranging from economic to executive. In the context of police force, the authors highlight that the police administration require a enlarged expenditure on the training as well as the upgradation of the gear used by the personnel.

2. Vinay Kaura, India’s Counter-Terrorism Policy against Jihadist Terror: Challenges and Prospects

The author showcases the challenges that the country faces from the evolution and sophistication that can be seen in the competence and approach of terror organizations. The various challenges are outlined and it is concluded that the Indian Police force needs major innovation in terms of technological as well as tactical expertise required to counter such threats.

3. Clemens Arzt, Police Reform and Preventive Powers of Police in India – Observations on an Unnoticed Problem

The author analyses the police administration undertaking a historical and chronological study as well as the present structure of the police force and administration. He highlights the fact that the major problems faced by the police administration over the years has been lack of accountability and professionalization. The author also provides insights on the laws governing police force and highlights the scope of improvement that can be made into them.

4. Akshat Mehta, Police Reforms in India: A Critical Appraisal

The author highlights the lack of effort on the part of all stakeholders of the police administration and showcases the collective failure of the bureaucracy as well as the political masters over a lack of initiative as well as thrust to bring significant reforms in the police force.

THE NEED FOR POLICE REFORM

Police under the State List of the Indian Constitution is an exclusive subject matter and any law can be enacted by the state on the subject matter of police. Most of the states follow the archaic Indian Police Act, 1861 with few modifications. It has been observed that the image of the police has been negative. The Frazer Commission of 1902-03 had stated that the police force is not competent enough. The supervision of the organisation was inadequate and also defective in training. This thing comes under corruption and the police has proved futile in achieving the confidence of the people.[1] Even after a century, things are the same there’s not much difference in the performance of the police, rather it has deteriorated further.

Public needs an effective police setup, with honesty and efficiency that ensures the rule of law by providing safety and security to the citizens. The present police system has not only failed to serve the people but also have become unessential. They are now mostly included in brutality, torture, corruption, discrimination that results in very negative and poor image of police. “Police reform is so important to neglect and too urgent to delay.”[2]

The police organization is established upon antiquated Legislation of 1861, this act was enacted in the wake of Revolt of 1857, which promote the interest of the Raj. It is rightly said that when the basics are wrong, nothing can work right, same as in this case, the police organization also does not work right. The police force was arranged in a way that could evolve a sense of fear among the people. But the police act ignored it completely. After the independence, the expectation was too much that a philosophy will be defined for the police and it will implement law and will be definable for people. But it was all the same, rather the link used to be among the police and foreign ruler before independence continued, and the only change that happened was it substituted with the political party in power. Hence it can be seen that in the present day that the Raj lives on.

For the implementation of the new Police Act to be replaced from the present one which was enacted by the British Rulers the need has been felt. There are so many commissions that had made an effort and suggested the framework for the new legislation, starting from the National Police Commission to the Central Government.

The need for the police organisation for this critical institution of governance has become emergent, as the Indian Police is charged as irresponsible and inefficient and corrupt. The police reforms in the organisation of the police are very critical, especially for the security of the internal matters of India as well as the criminal administration. David H. Bayley’s observed that, “the rule of modern law in India, the frame upon which justice hangs, has been undermined by the rule of politics.”[3] This can be seen in the diminishing standards of the police and its growing isolation from the people. The police officers waste a lot time in socialising with the political leaders, making attempts to become their right hand. Now, people do not have confidence in police system.

There is a need of a healthy criminal justice system in a developing country like India, yet the police system is falling apart. The four essentials of the criminal justice system are the police, prosecution, judiciary and the jails. All the pillars of criminal justice system must be strong and should inspire the people of the country. But here the prosecution is not efficient, the judiciary is inactive and the jail has become corrupted this is how the police is failing on their part.

According to the interim report of the Shah Commission on Emergency (1975-77), “the police were used by the political parties for their purposes. Even the decision of arrest or whom to arrest or release, all depends on the political parties.”[4] The transformation of India is taking place by social and economic changes. There is a need of police reforms in India also because of the emerging challenges like, white collar crime, social tensions, terrorism etc. The modernisation and transformation of police is required to meet the new challenges. To combat the crime to third degree methods during interrogation, the police needs to make the criminal investigation more towards science. [5]

Major attempts at Police Reforms:

1. National Police Commission (1979-81)

Some drastic changes were brought along with the freedom in political, social and economic system. It was felt that they require a new examination, a fresh one is necessary of the performance of the police as a law enforcement agency and to protect the right of all the citizens that are provided in the constitution.[6]

The NPC was constituted by the Union Government in 1977 and it has given wide terms of reference to view some areas that is related to Police and Police administration that includes the organisation, role and functions, misuse of the power of the police. They produced eight reports between 1979 and 1981 to start reaching out the reforms. Some of the major recommendations which are included in putting up SSP in states, independent investigative functions and also separating it from the law and order, and formulating a new Police Act.

2. The Ribeiro Committee (1998-1999)

The Union Government established the Ribeiro Committee in the year 1998, in accordance to the directions of the SC that is coming out of the PIL filed to get the suggestions of NPC implemented. The terms of reference of the committee were reviewed. to implement the recommendations of the NPC, NHRC and the Vohra committee suggested ways to implement the pending recommendation and to make it necessary. Two reports were released by the committee. The first one dealt with the SC major problems. The second one was more of a ordinary nature which was published in March 1999. [7]

3. Padmanabhaiah Committee (2000)

Padmanabhaiah Committee was constituted by the central government in January 2000. This committee was put together to look at the police reforms, it was required to scrutinize the challenges and to visualize the force that should be people friendly and available to solve the problems of the crime. So that the committee can suggest ways to tackle the problem, transform the police into a competent force. Some of the major recommendations of the committee were, retraining of the existing constabulary, recruitment of sub inspector instead of constables, to institute PTAC at the centre and in each state, to institute a Police Establishment Board, tenure of minimum 2 years, setting up of NCPS[8] and it is also given that, there is a need of police reforms in CJA.

4. Police Act Drafting Committee (2005-2006)

This committee was established by the Government of India in 2005, also known as the Police Act Drafting Committee under Sh. Soli Sorabjee. In October 2006, this committed submitted a Model Police Act. The terms of reference of this committee were to draft a new Police Act in light of the changing role of the police and the challenges that is presented by the increase in insurgency and naxalism in India. While drafting the law, this committee was in need to contemplate the forensic methods of the policing. It also made mandatory to address the issues of human rights, related to the concern of women and SCs and STs. [9]

Prakash Singh and Ors. V. UOI

On 22 September 2006, the Supreme Court of India handed down a judgement in Writ Petition (Civil) No.310 of 1996 – Prakash Singh and ors. v UOI and ors. Addressing a variety of problems relating to policing reforms. In that judgement, the Court directed the Governments of the Union and of the State to set up structures as directed by 31 December 2006 and file enforcement affidavits by 3 January 2007.[10] The instructions are Inter-alia is the following:

I) Create the State Security Commission on some of the models suggested by any of the Commissions; The NHR Board, the Reberio Committee or the Sorabjee It's committee.

II) Pick the Inspector General of the Police of the State from among the top three Officials of the Department enlisted by the Union for promotion to the level as envisaged by The Public Service Commission and, if appointed, provide it with a minimum term of office of at least two years regardless of the date of the Superannuation.

III) Allow for a minimum duration of two years for operational police officers Functions.

IV) Independent criminal inquiry from law & order police, beginning with cities / urban areas estimated population of ten lakhs or more and eventually spreading to smaller towns / urban areas as well;

V) Create a PEB at the state level to rule, inter alia, on all assignments, postings, promotions and other relevant matters for officers below and below the rank of Deputy Superintendent of Police, and

VI) Comprise Police Complaints Authorities at State and District level in order to look at the allegations against police officers.

VII) The Supreme Court has instructed the Central Government to set up a National Government Protection Committee at Union level to plan a panel to be set up before the relevant appointing authority, the identification and location of Chiefs of the National Police Departments (CPOs), who can also collect the minimum term of two years, with additional mandate to be tested from time to time. It also provided for steps to increase the efficiency of these powers, to strengthen the conditions of operation of their members, to ensure adequate cooperation between them and to ensure that the forces are usually employed for the purposes for which they have been made and to make recommendations in that name.

STATUS OF IMPLEMENTATION OF JUDGEMENT

First of all, our leaders were shaken by the decision. They feared the lack of power and eight states (Andhra Pradesh, Gujarat, Punjab, Jammu & Kashmir, Karnataka, Maharashtra, Tamil Nadu and Uttar Pradesh) filed review petitions in an effort to retain the power. However, both of these appeals were rejected by the Supreme Court on 23 August 2007. They have no intention of changing our police departments until they were compelled to do so. After the Directive, 17 States have enacted new Acts, and 12 have given executive orders. Almost none of them adopted the SC command, either in letter or spirit. Unfortunately, these actions have been enacted in order to bypass the application of the orders of the case. The States took the advantage of the clause in the judgement, that its directives will be operative "until a new Model Police Act has been prepared by the central government and/or the state government has passed the necessary legislation."

“When the order of the Supreme Court arrived, the states immediately latched to the section that stated that the order had to be enforced before new actions had been enacted. Thus, states soon passed new acts in order not to follow SC directives on police reforms," said former Uttar Pradesh DG Prakash Singh, who struggled for 10 years to get SC to pass the orders.

On 17 May 2008, the SC formed an oversight committee led by Justice KT Thomas to oversee the enforcement of its directives. In its 2010 report, the Committee stated: "Practically no state has yet completely complied with these guidelines in letter and spirit." It also expressed its "dismay at the complete ignorance of the Member States to the question of changes in the functioning of the police."

In certain instances, the structure of the National Security Committee is not independent of the electoral power of the ruling party. Many states stopped getting the representative of the opposition on the council, and independent representatives were kept out. The freedom of the DGP is of the highest importance. Many states have declined to award DGP more than one year of set tenure. Even the reasons for his dismissal have been unclear on grounds ranging from public benefit, procedural conditions and incapacitation.

Impediments to Police Reforms

In spite of the various commissions and reports which have time and again underlined and underscored the importance of police reforms, there have been little to minimal progress made on this front. Over the years, there has been little that has changed in the structure, effectiveness or functioning of the police system of the country. It is due to the presence of various hurdles and impediments that exist in the form of political will, executive laxness as well as an inability to implement the reforms at the grassroots level.

Some of the impediments can be said to be the following:

1) Politicization of police and absence of political will

2) Frequent change at the helm of political authority

3) Bones of contention between the Centre and the States

4) Financial Costs as well as less priority accorded to police reforms

5) Lack of awareness to Police training

Overbearing role of ‘Political Masters’

In the case of reforms concerning the executive, it is an uncomfortable truth that the thrust towards police reforms is to be driven only by the will of the politician collective. Any reforms in the administrative sector is carried out only by the strong political will to affect the change. However, the thrust is none to minimal when it comes to reforming the police administration. The Executive has a chequered history of misusing the police force to achieve its own political gains; an example would be the never ending spats of transfers and promotions or recruitment procedures carried out on extraneous political considerations. The police are also guilty of attempting to cover up the frailties of the ruling party as well as an attempt to put down the opposition. Both the executive as well as the leadership, be it at the Central or at the State level, have displayed levels of myopic vision when it comes to police reforms.

Change of Political Authority

It is often seen that a change of guards at the government level see the schemes, policies and programmes of the predecessor swept under the carpet to give way to the ideologies and vision of the new political authority. Sadly, this unfortunate consequence of democracy also holds true for long term institutional changes like the police reforms. For example, there was a wide unrest among the police force in the aftermath of the Emergency, where they were yet again used for political excesses. This led to the appointment of the National Police Commission under Dharam Vira which also yielded a result of 8 reports documenting wide ranging police reforms. However, the implementation of this report did not see the light of day and was swept aside when the Congress came back to power subsequently. The major reason is thought to be the setting up of the Committee was done by the Janata Government and hence, it faced the axe when the Congress came back in 1980.

Bone of Contention between Centre and State

Police finds itself under the State List as Entry 2 of the Seventh Schedule of the Constitution. Public Order also finds a place in the Union List under Entry No. 1. There is a policy of the Union to not intervene in the matters of the State and adhere to the division of subjects strictly. The same also applies for the State. However, the reality paints a different picture with the dismissal of properly elected police officials by the Centre and the enforcement of President’s Rule at the whims and fancies of the Centre. Hence, in case the Centre actually wanted to reform the police system, it could have taken advantage of the prevailing political conditions especially the prevalence of one-party system in order to push for aggressive reforms.

Low on the Priority List of Government Expenditure

The expenditure on the police force always occupies the lower rungs of government expenditure. One argument is also that India being a welfare state has to bear the expenditure of various social service schemes and these should take precedence over the spending on police force. However, it must be prudent to allocate some amount of budget in the spending for the police force. For example, the frailties of the arms and ammunition of the police force was brutally exposed in the aftermath of the 26/11 terror attack in Mumbai where the police force in Mumbai had to make do with outdated service pistols in the face of well-equipped terrorists having AK-47. Hence, there is a need to overhaul and bring about a wholesale upgradation in the gear and communications technology of the police.

Poor Training of Police Force

Police are expected to respond to all types of threats and primarily take on the role of a combat centric response to threat to public order and safety. Hence, the force requires physical as well as mental training on a regular basis. However, it is increasingly found that the training of police officers is also theoretical in nature. There is also a poor perception accorded to training and it is increasingly viewed as a punishment. Much of the training syllabus as well as physical activities lack direction, focus or any scope of innovation.

CONCLUSION

In order to enable the Police to perform their duties of lawkeeping, while at the same time assisting States to rule efficiently within the structure of law, a new monitoring and oversight system is necessary. This structures limit acts which are perceived in a democracy as unconstitutional and thereby change the balance of power.

However, at the end of the day, they strive to extend the rights of citizens to justice and put all people under the rule of law. This is a big undertaking, and it will take strong cooperation to achieve.

The conversations and debates on policing reform in India have been highly advantageous to the contributions of many committees formed by the Indian Government and the involvement of the Supreme Court. In future, the reform campaign will win by participation as champions for the movement of its own right of some of the representatives of the two main components of the reform – bureaucrats and politicians. Greater participation of the public in the course of policing reform often allows policing autonomy and public responsibility to be viewed as two sides of the same coin. Last but not least, it appears like politics are depoliticized and the political representation's success on criminality and public protection is politicised simultaneously. This would lead to the reconstruction, and external pressure for change to combat internal opposition, of electoral responsibility in the field of public safety.

[1] https://www.indianculture.gov.in/report-indian-police-commission-1902-03 [2] Commonwealth Human Rights Initiative (2005), Police Accountability: Too Important To Neglect, Too Urgent To Delay, CHRI’s 2005 Report, A Report of the International Advisory Commission of the Commonwealth Human Rights Initiative, Chaired by Sam Okudzeto, New Delhi [3] Prakash Singh (2004), “Police Reforms’ Raison D’etre”, Dialogue, A Quaterly Journal of Asha Bharti, July-September, Volume 6 No. 1 available at http://www.asthabharti.org/Dia_July04/Prakash.htm, last accessed on 1st Dec 2008 [4] R.K. Raghavan (2002), “On Police Reforms”, An Open Letter to President A.P.J. Abdul Kalam, Frontline, Volume 19, Issue 17, August 17-30, available at http://flonnet.com/fl1917/19171170.htm, last accessed on 1st Dec 2008 [5] Ibid [6] Supra 4 [7] Commonwealth Human Rights Initiative (2007) [8] Commonwealth Human Rights Initiative (2007) [9] Ibid [10] Ibid