APPROACH / CONCEPT PAPER ON POICE REFORMS TO BE HELD IN FEB 2021
Policing and police, is a concurrent subject, except for the State of Delhi, and various UTs, where it remains under Central Government. In the States, the Police is mainly responsible for maintenance of law and order, investigations into criminal cases and, maintaining surveillance and intelligence gathering operations both in urban and rural areas. Unfortunately, over the last couple of decades, these responsibilities have somewhat become hazy, for a plethora of reasons, mainly related to the nature and degree of administrative and operational control, by the State machinery and interference, bordering on the political. This has had a debilitating effect on a perfectly fine force. The purpose of this discussion is to suggest ways and means to improve upon and, suggest measures for enhancement for overall policing in the country as a whole.
- The Supreme Court in 2006, based on the PIL by Dr Prakash Singh and NK Singh, both retired DGPs, in the case “Prakash Singh and Others Vs UOI and Others” directed SEVEN reforms that needed implementation by states( It can be accessed by googling Supreme Court Directives On Police Reform- English). Sadly, it did not happen, mainly due to the intransigence of States. The directions, given in this judgement forms a foundation to rid the system of the shortcomings, as mentioned, to improve policing and, the lot of Policemen, towards a Movement for achieving a People’s Police. One can peruse (by googling <peoplepolicemovement.com>). The Second Administrative Reforms Commission under the Chairmanship of Mr Veerappa Moily, defined the police of future, shifting roles/perspectives. A white paper has been in circulation on subject of State of Policing and Law and Order in Mumbai by Praja.org of Nov 2020. The status brought out in the report is more or less similar in other states. Finally, there exists a comprehensive 188 page report (SPIR) of 2019,on State of Policing in India. The National Police Commission (NPC) itself produced eight, perhaps Nine reports which are yet to be implemented. A Committee headed by Mr Julio Ribeiro, in 1998 to Padmanabhaiah Report ,in 2000, replacement of the colonial Police Act of 1861 by the Sorabjee Commiittee Bill in 2006, make interesting reads.
- Out of the seven Directives laid down by the SC, it is perhaps the SEVENTH directive, in respect of CAPFs, which has seen some degree of compliance. There has been in recent times, an unsavoury number of situations where neither the State Govts nor the police have come out creditably. These incidents reek of political interference and the police succumbing to the dictates of politicians. One such incident also saw a tussle for control between the State and the Central Govt. All these leave the general citizens not only despondent with no confidence in the police force, it builds an intrinsic anger at the lack of fairness policing.
- Last year a number of laws were passed increasing the sentencing in crimes against women. The deterrence has proved ineffective, as there seems to be no decrease in crimes against women. Similarly, use of narcotrics in the population of certain states has created a situation where the young and unemployed are at the mercy of peddlers. The rampant use of drugs would effect the future of this nation. Whereas the colonial Police Act of 1861 has been replaced in part, charges of sedition continue to be a favourite with the police to placate the Govt of the day, irrespective of their hue. The charges under UAPA, MCOCA, TADA etc when used too frequently lose their degree of efficacy. Some HC have correctly released alleged persons from these tough provisions. Mr Ribeiro in a recent article has talked about the dangerous “ Yes men”. Depending on the crime and the ‘perception’, to which side the criminal belongs, to the charge sheet is prepared, either leaving a loophole,or, making a tight case. There are many other issues which need to be tackled , including proper training and education of the police, right from the level of a constable. Furthermore, there is a strong case for increasing the wherewithal for the force, to carry out its task. There is also a need to rework the working hours and working conditions, if the policing is to increase its effectiveness in mission achievement.
- The aspect of Center and State control needs effective and speedy handling. The first six directives of SC, if followed strictly, may provide some corrective measures. Is there a relook required into the aspect of which crimes to be investigated by federal agencies? Is there a case for CBI to have national investigations authority like the NIA, as states are disallowing the premier investigative agency any leeway? The Delhi Establishment Police ACT may thus require a review/ cancellation. There does exist some kind of division of responsibility in crime investigation and maintenance of Law and Order, which, has proven inadequate. The prosecution rate too is pathetically low, mainly due to the lackadaisical attitude of government prosecutors.