Police Reforms
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A democratic police system is one that is accountable to the law, to democratic structures and to the people it serves. Operational safety, protection of individuals, their human rights and professionalism in a transparent system is what any police force strives to achieve. In India, the police system is still based on the archaic Police Act of 1861. Keep in mind that the Police Act was legislated by the British in the aftermath of the First War of Independence of 1857. Today, issues like corruption, antiquated land acquisition laws and the state of our economy have rightly captured a fair share of public discourse. However, the reform of our police system has not received adequate attention.
On 22 September 2006, the Supreme Court of India delivered a historic judgment in Prakash Singh vs. Union of India, instructing central and state governments to comply with a set of seven directives that laid down practical mechanisms to kick-start police reform. The Court's directives sought to achieve functional autonomy for the police (through security of tenure, streamlined appointment and transfer processes, and the creation of a "buffer body" between the police and the government) and enhanced police accountability (both for organizational performance and individual misconduct.) (Read the Seven Directives here )
Policing is a state subject and laws can only be made by our state assemblies. A model Police Act for the States was prepared by the Ministry of Home Affairs. This has been framed so as to incorporate changes suggested by the Supreme Court and to encourage state governments to replace the existing police act. However, since 2007 only 17 states have moved legislations towards this effect. In my State of Uttar Pradesh, no steps have been taken by the state government to bring reforms in police and the last report for such reforms is from 1971.
The committee set up by the Supreme Court under the chairmanship of Justice K. T. Thomas to monitor the compliance of the directions of the Court by State Governments has submitted its report. The report has listed deviations in respect of the UP State Government. (Read the Model Police Act here)
I have witnessed the impact frequent transfers have had on the morale of the police forces. Senior police officers have on occasion been transferred from my own district (Mathura) after having initiated investigations of crimes committed by persons with political patronage. A Senior Superintendent of Police SSP was recently transferred, demoted and posted as a Superintendent of Police after having conducted police raids on persons involved in an oil mafia associated with an important leader of the party in power in the State! I am refraining from naming any names as it is no longer a question of individuals. But it is this political pressure that has manifested itself in the high levels of stress in the police ranks, unabated crimes, police atrocities and growing incidents of violence on peaceful citizens by the police. According to a National Human Rights Commission report, in the last 18 years out of a total of 10,94,133 cases of Human Rights Violations 6,22,635 cases were reported from UP. That is approximately 57% of the total human rights violations in India. The fact is that in an environment of heightened expectations, and the failure of successive governments to deliver, the police is perceived by the governments as an important instrument of political power. One that may or may not protect the ordinary man of the streets effectively, but a force that will help control and quell public anger through the lathi!
Without functional autonomy, enhanced professionalism and accountability, and improved conditions for the police force, we cannot expect the police in our country to do its job effectively. The question that citizens need to ask their policymakers is this – will you give up some power to provide protection to your constituents? No longer should the Chief Minister decide who should be DG, IG, SSP; where should they be posted and for how long, and when should they be promoted or punished! Let there be an independent process for this, let the citizens who have complaints against the police have access to an independent mechanism / institution for redressal. Let our State Governments enact legislation that is representative of the aspirations of our people, a Police Act that protects and not look to enslave and suppress!