JAMIA MILLIA ISLAMIA

FACULTY OF LAW
NEW DELHI

POLICE REFORM

Submitted by: Submitted to:

Pranav Shrivastava Dr. C.A Rasheed

B.A.LL.B Assistant Professor

V SEM JAMIA MILLIA ISLAMIA

20178932
The Police are not here to create disorder , they’re here to preserve disorder

Richard J.Daley

As we all know that state will always pretend to be a biggest protector

of human rights for every citizen and also law made by state should
binding on all of us , Basically in the concept of modern democracy state
pull the consent of every individual in the society by way of election that
would make state legitimate and for this legitimacy state promise to
create a platform where it regulate rights and obligation of every individual
which make smooth functioning of social order. For this state need
various machinery to drain plethora of grievnance in society ,these
machinery act as a conventional weighting machine which always trying
to make balance in right and duties of every individual. Montesquieo
said that there is nothing good or bad in the society it’s all depend on
social and political condition create by state ,social and political condition
completely depend upon conduct of state towards the society and echo
emanating from the governance of state.

Human rights is only enjoy in the farm of peace

Police, body of officers representing the civil authority of

government. Police typically are responsible for maintaining public
order and safety, enforcing the law and preventing, detecting, and
investigating criminal activities. These functions are known as
policing. Police are often also entrusted with various licensing and
regulatory activities
  Enforcement of Law
 Protection of Possession
 Regulation of law and order
 Security and internal matter
 Investigation
 Maintaining Peace

When we are talking about concept of police and their role in their
role in the society just take an illustration when we are going to watch
cricket match at cricket stadium , what kind of echo we are generally
seen the enthusiasm of fan vandalise all rules and endorse behaviour
which have no limits . who is controlling all of this Police from cricket
match to election and checking at railway station Police force is
always there to establish proper functioning of every machinery.
Democracy will always find is stay at the mansion of rule of law

There is universal principle that every machinery must need regular

repairmen that it will again work smoothly, but we still using colonial
police system which was made mainly for the subjugation of Indians
and dismantling liberty of indian.
Crime per lakh person increased by 28% from 2005 to 2015
India ratio of 138 police personal per lakh of population fifth lowest
among 71 countries
State police force had 24% vacancies
86% Police forces constitute of constabulary
 Overview of Crime in India:

2005 2015
National Crime Records Bureau recorded over 73
Theft 25 37 lakh complaints of cognizable crimes. Cognizable
crimes are relatively serious offences for which
Gambling 10 17 police officers do not need a warrant from the
Kidnapping 2 7 magistrate to investigate, such as murder and
rape. Between 2005 and 2015, crime rate (i.e.,
Murder 6 6
crime per lakh population) for cognizable crimes
Rape 3 6 has increased by 28% from 456 complaints per
lakh persons to 582 per lakh persons. This has
Cheating 5 9
been primarily because of increase in crime rates
Cruelty 7 11 of alcohol-prohibition crime, theft, kidnapping
(Per Lakh population) and abduction, crimes against women and
cheating

Hierarchy of State Police:

State police forces generally have two arms : civil and armed police .

DGP
Officer
ADDITIONAL DGP
Rank
Inspector Genral of Police
Deputy IGP
SSP
SP
ASP
DSP
 Upper Inspector
Subordinate
13% Sub -Inspector
Assistant SI

Lower Head Constable

Subordinate
/
Constabulary Constable

A police district is an area declared so by the state government. It is considered

the most important supervisory and functional unit of police administration
because the officer in charge of the district (i.e. Superintendent of Police or SP)
has operational independence in matters relating to internal management of
the force and carrying out of law and order duties.7

A police station (typically headed by an Inspector or Sub-Inspector) is the basic

unit of police functioning. It is engaged with: (i) registration of crimes, (ii) local
patrolling, (iii) investigations, (iv) handling of various law and order situations
(e.g., demonstrations and strikes), (v) intelligence collection, and (vi) ensuring
safety and security in its jurisdiction. A police station may have several police
outposts for patrolling and surveillance. Generally, the state government in
consultation with the head of the state police force (i.e. Director General of
Police or DGP) may create as many police stations with police outposts in a
district as necessary, in line with the population of the district, the area, the
crime situation and the work load.
Challenge

Problem arise when facility provided to the policemen are as reasonable than
compare with any government employee , recently there was a case in Tamil
Nadu a police personal appeal in court that police personal even not get a single
day leave even on Sunday it’s clearly show that it erode principle of workmen
rights. Due to this problem some of criminologist claim that this might inject
character of deviance into them where they morally don’t know their obligation.

Human rights perspective

The most straightforward standpoint is the human-rights view, the main

concern of which is the protection of internationally recognized human rights,
usually emphasising freedom from torture, mistreatment and threats to life.
Held by international and national nongovernmental organizations, this
perspective uses the language of ‘reform’ and ‘police conduct’. 6 Its hallmarks
are the purging of human-rights violators from military and police ranks, the
revamping of police doctrines and training to emphasise human-rights
standards, and the establishment of internal and (especially) external
mechanisms for accountability.

Peace Keeping Perspective

Much of the literature familiar to peacebuilding scholars falls within this

category, focusing almost exclusively on reform in post-conflict settings.
Although the literature exhibits some heterogeneity, its main concern is with
ensuring order in the years immediately following the termination of war, and
especially with preventing a reversion to conflict. Certain authors who address
police reform in post-war settings give particular emphasis to limiting the role
of foreign military troops, viewing policing and police reform chiefly as the
means to alleviate public security burdens and physical risk and other costs
associated with deploying peacekeeping .7 The terminology can be of police
‘restructuring’ and ‘reorganization’, offering a more technical and less intrusive
connotation. There is a greater focus on the interests and experiences of
international actors, rather than on the performance, effectiveness and conduct
of, and popular support for, national/local police organizations. In addition,
police reforms are often seen as a means to prevent future conflict by
integrating formerly exc l u d e d groups into policing structures, chiefly to
provide security guarantees to former combatants who are demobilizingPeace
keeping perspective