Form of words:
heyn 22 September 2006, the Supreme Court of India delivered its landmark judgment in the famous Prakash Singh case, mandating nationwide police reforms and issuing seven important directions to start the implementation process immediately. The 15th anniversary of the verdict this week is a good opportunity to take stock of where we stand on the reform front.
Unfortunately, not much has changed in the way policing is done in India. Despite widespread disenchantment and dissatisfaction with the functioning of the police force, the reasons for reform have not captured the imagination of Indians. Is it because of an inadequate appreciation of the importance of good policing for the health of a vibrant democratic society with the economic potential to grow into a world power? Or, is it sheer nostalgia – the feeling of giving up? Maybe a mixture of both.
Why does our policing system need to be reformed?
Those who claim that the current police system is working satisfactorily turn a blind eye to several obvious reasons in need of reform, most importantly the general public’s view of our police being unprofessional, insensitive, cruel and corrupt. is notion. These perceptions can be very broad, yet can be improved through conscious effort. Therefore reforms are needed.
In addition, good policing is a unconditionally For a healthy socio-cultural environment in the society. Economic progress is also a function of the safety and security environment. Police reform is therefore important for the socio-economic health of India.
Most importantly, the need for reform is determined by the all-important role of the police as the primary defender of the rule of law. It calls for a police force that is apolitical, unquestionably fair and impartial, and free from all forms of external influence. a Excellent example of rule of law oriented policing It was recently granted by the Norwegian police, which imposed a hefty and exemplary fine on its own prime minister for organizing a party on his 60th birthday in violation of the COVID-19 rules. Our police officers also need to practice impartial law enforcement without fear or favour, as demanded by the rule of law.
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legacy of the past
Most of the flaws in our policing can be found in its colonial legacy. Its building is based on the foundation laid by the British in 1861. Built on the heels of our first freedom struggle, it was intended to be a force that would ensure the supremacy of the ‘raj’ through control over the native population, not to meet the police needs of the citizens As a ‘service’.
Therefore, the force had to be kept isolated from the population, even though its policing methods may have caused an unfavorable relationship with the public. Policing also had to be done at minimum cost – a concern which is clearly reflected in the provision of manpower power, equipment etc. apart from poor working conditions and poor pay structure.
Interestingly, the police system thus introduced in India was not built on the basis of their own police system. Pelean theory, but on the Irish Constabulary, which was more of a commercial force than a public service. Sadly, the functioning of the police is still largely governed by the principles of the Police Act of 1861. Change is needed to change this.
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Saga of Reform Initiative in Independent India
as In the post-independence period, the weaknesses and inadequacies of the police system repeatedly raised their ugly head, starting with Kerala in 1959, state after state commissioning its police commissions to investigate diseases affecting police functioning. constituted. The central government, too, appointed a number of commissions and committees to study the problems and ills of police functioning as a whole, or administrative machinery, or criminal justice administration, or as part of the country’s national security architecture.
Thus, the distortions affecting the functioning of the police were also studied by several national level expert bodies. The eight volumes of the National Police Commission’s report, in particular, represent a fundamental and comprehensive study of the police needs of modern India as well as the existing structures, methodologies and their weaknesses – the goal of a secular democracy, an egalitarian Chasing and economically strong society.
However, despite hundreds of useful recommendations, our police forces are plagued by most of the ills of their colonial past, in fact manifold from the many vulnerabilities since then. A serious attempt to implement the recommended improvements has been missing, except for a few minor, piecemeal renovations here and there.
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Supreme Court directives
The Supreme Court judgment of 2006 was the result of a PIL filed by Prakash Singh, a retired eminent police officer. The decision decided to establish certain institutional mechanisms with a view to protect the functioning of the police from all kinds of unlawful external influences; Providing appropriate professional autonomy to the police; and to ensure their accountability for any misconduct or illegal acts. It also sought to deal with the plight of sudden transfers, which are used as a tool to ‘control’ or manipulate officials. Mandatory institutional mechanisms were:
- A non-partisan State Security Commission for each state, headed by the Chief Minister/Home Minister, and consisting of the Leader of the Opposition, a retired High Court judge, some non-political independents, etc. The commission will serve the purpose of providing restraint against the exercise of unbridled ‘superintendence’ over the police by proxy by the State Government or the ruling party.
- A Police Establishment Board in the form of a collegium, consisting of the DGP and four other senior police officers, to decide on transfers/postings etc. of officers up to the rank of Deputy SP, and on similar matters to the State Government with higher authorities. make recommendations in this regard. Rank.
- Police Complaints Authority at the State level and one for the districts, headed by retired judges, to inquire into complaints of serious misconduct like custodial deaths/rape etc. against senior officers and officers of the rank of Deputy SP and below respectively. for. .
- In another important directive, a transparent, merit-based process of selection of DGPs has been mandated. it will take care unwanted extraneous thoughts, often control such appointments. The directive thus provides for a fixed minimum tenure of two years for the selected officers as well as all officers on operational duties including district SPs and SHOs.
The clear hope was that the implementation of these directives would help promote accountability – two main pillars of democratic policing – along with functional autonomy in police work, among other necessary reforms.
Governments were initially lax, but ended all methods of ‘reviewing’ and diluting the directives, eventually declaring ‘compliance’ with them, albeit more in defiance. The Monitoring Committee appointed by the Supreme Court in its report (August 2010) expressed anguish at the complete indifference of the States to improve police functioning.
Even the present status of implementation of the directives after a long gap of 15 years is disappointing. Leave aside the implementation at the grassroots level, even in the matter of paper compliance, no state or union territory is fully following any instructions. a recent assessment It concluded that “there is a check and balance in the directions of the Supreme Court that the police are being obstructed in many ways by the states to make them more professional and accountable”.
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obstacles
Good policing has clear merit and value, but then why are reforms being withheld so vigorously? The obvious answer is the indifference and hatred of power and other beneficiaries borne by it. Inefficient and unprofessional policing.
The political class and a large section of the influential bureaucracy have become so used to using, abusing and abusing the police force that the issue of reform seems like a curse to them. Furthermore, not all police officers are reformists. The apathy of the citizens is also responsible for this.
road ahead
Indian citizens have an important role to play in realizing police reforms. After all, the voice of the people is the strongest in a democracy. Political leadership needs people’s support to win elections. Issues that could potentially get him votes are taken up expeditiously. In the absence of public pressure, the political class can easily overlook the cause of police reform, which in any case suits their vested interests. Hence, there is a dire need for citizens to rise up and pressurize the powers.
Ironically, Indians are quite indifferent to reform, even though they do feel the pinch of poor policing from time to time, and it is they who benefit the most with reform. They need to be sensitized to their important role, and community leaders and NGOs can play a part in promoting this awareness through systematic campaigns using social, print, digital and visual media extensively . Political leaders at different levels also need to be educated about the importance of good policing in their overall interest. A multidisciplinary approach is needed.
Kamal Kumar is a retired IPS officer who has been involved in several government initiatives on police reforms and was also a member of the Supreme Court-appointed Monitoring Committee. He is the former director of the National Police Academy and former vice chairman of the United Nations Commission on Crime Prevention and Criminal Justice. Thoughts are personal.
(edited by Prashant)
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