Our system is clamouring for Police Reforms

Context

Recent developments ranging from lockdown to Thoothukudi to Kanpur have exposed several loopholes in our police administration, which led to extensive discussion on the urgent need to address the matter on priority.

Background

The police are the first line of governance in enforcing law and order and in other internal security challenges; the Police force across the country has been under severe stress. While some Police officials have acted with commendable empathy and compassion in certain cases of citizen distress, the larger pattern of policing since the Covid-19 curfew has been reprehensible.

In one case in West Bengal, a man stepping out for milk was allegedly beaten so badly that he later died. In Telangana, a female doctor was physically assaulted by a police officer and verbally abused when returning from work. Just recently the brutal treatment of a father and son in Sathankulam police station of Thoothukudi district in Tamil Nadu, resulting in their death, exposed the ugly face of the police.

Policing in India remains colonial in its orientation and the force is more feared than respected. This is a deeper structural problem and many well-meaning attempts at instituting reforms have floundered due to political chicanery and the nexus with organized crime.

Major Internal Security challenges in India

Maintaining internal security of the country is one of the key functions of the MHA. Major internal security challenges that India faces are terrorist activities in the country, cross-border terrorism in Jammu and Kashmir, Left Wing Extremism in certain areas, and insurgency in the North-Eastern States.

An Insights Picture

Police accounts for about 3% of government spending :

While state police forces are responsible for maintaining law and order and investigating

crimes, central forces assist them with intelligence and internal security challenges (e.g., insurgencies). Expenditure on police accounts for about 3% of the central and state government budgets.

An overburdened police force :

State police forces had 24% vacancies (about 5.5 lakh vacancies) in January 2016. Hence, while the sanctioned police strength was 181 police per lakh persons in 2016, the actual strength was 137 police. Note that the United Nations recommended standard is 222 police per lakh persons.

86% of the state police comprises of constabulary. Constables are typically promoted once during their service, and normally retire as head constables. This could weaken their incentive to perform well.

Crime per lakh population has increased by 28% over the last decade (2005-2015). However, convictions have been low. In 2015, convictions were secured in 47% of the cases registered under the Indian Penal Code, 1860. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.

Improving police infrastructure :

CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state police.

The Bureau of Police Research and Development has also noted a 30.5% deficiency in stock of required vehicles (2,35,339 vehicles) with the state forces.

However, funds dedicated for modernisation of infrastructure are typically not utilised fully. For example, in 2015-16, only 14% of such funds were used by the states.

Holding police accountable:

Police has the power to investigate crimes, enforce laws and maintain law and order in a state. To ensure that such power is only used for legitimate purposes, various countries have adopted safeguards such as making police accountable to the political executive and creating independent oversight authorities.

In India, the political executive (i.e., ministers) has the power of superintendence and control over the police forces to ensure their accountability. However, the Second Administrative Reforms Commission has noted that this power has been misused, and ministers have used police forces for personal and political reasons. Hence, experts have recommended that the scope of the political executive’s power must be limited under law.

Recruitment and Training:

Direct recruitment within the state police forces takes place at three levels: (i) Constables, (ii) Sub-Inspectors, and (iii) Assistant or Deputy SPs. The state governments are responsible for recruiting police personnel directly to the ranks of Constables, Sub-Inspectors and Deputy SPs.

The Central Government recruits Indian Police Service (IPS) officers for the rank of Assistant SP. IPS is an All India Service created under the Constitution. Vacancies at other positions (as well as at the ranks of Sub-Inspector and Assistant/ Deputy SPs) may be filled up through promotions.

Responsibility of the Centre and the States :

The responsibilities of the state and central police forces are different. State police forces are primarily in charge of local issues such as crime prevention and investigation, and maintaining law and order, while they also provide the first response in case of more intense internal security challenges (e.g., terrorist incident or insurgency-related violence).

The central forces are specialized in dealing with such conflicts. For example, the Central Reserve Police Force is better trained to defuse large-scale riots with least damage to life and property, as compared to local police. Further, the central forces assist the defence forces with border protection.

The centre is responsible for policing in the seven union territories. It also extends intelligence and financial support to the state police forces.

Expert Bodies

Various expert bodies have examined issues with police organization and functioning over the last few decades.

Model Police Act, 2006

The Central Government set up the Police Act Drafting Committee (Chair: Soli Sorabjee) in 2005 to draft a new model police law that could replace the Police Act, 1861. The committee submitted the Model Police Act in 2006, which was circulated to all the states in 2006. 17 states (Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Meghalaya, Mizoram, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand) passed new laws or amended their existing laws in light of this new model law.

Way Forward

• Each State and Union Territory of India has its own separate police force. Article 246 of the Constitution of India designates the police as a state subject, which means that state governments frame the Police Acts, rules, and regulations that govern each police force. There is also central legislation in place; States which have not passed their own Police Acts are governed by the Central Police Act.
• We have to work on the institutional side. The Model Police Act of 2006 was circulated to all the states, that very year, 17 states passed new laws or amended their existing laws in light of this new model law. There have been further evolutions since then, but many of its fundamental principles remain unfulfilled. So it should be implemented with true spirit.
• To check against unwarranted arrests, unlawful searches, torture and custodial rapes and other such abuse of power, various countries have adopted safeguards, such as accountability of the police to the political executive, internal accountability to senior police officers, and independent police oversight authorities.
• The police need to have specialized teams for each type of activity.
• We should set up wider Public awareness in Public for their rights and duties.

Connecting the Dots:

Question for Prelims

Prakash Singh vs Union of India case is associated with :

(a) Human Rights
(b) Centre State Relation
(c) Police Reforms
(d) None of the above

Question for Mains

‘The Federal system of India has been the cause of slow reform in Police Administration.’ Critically examine.