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Police Reforms
a. India still follows the Police Act, 1861
b. The police are the first responders in any law and order problems, terrorist attack or
Maoist violence, and they are also the backbone of our intelligence, investigation and
anti-corruption agencies.
c. Problems with Police in India
i. Problems of organisation, infrastructure and environment;
1. Unwarranted political interference;
2. Lack of empowerment of the cutting edge functionaries
3. Lack of motivation at the lower levels due to poor career prospects and
hierarchical shackles
4. Lack of modern technology/methods of investigation
5. Obsolete intelligence gathering techniques and infrastructures
6. Divorce of authority from accountability
7. Inadequate training
8. Entrenched attitudes of arrogance, insensitivity and patronage
9. Multiplication of functions with crime prevention and investigation
taking a back seat
10. Shortage of personnel and long working hours >> stress due to
overburden
ii. Problems related to ethical functioning
1. Corruption, collusion and extortion at different levels
2. Insensitivity to human rights
3. Absence of transparent recruitment and personnel policies
iii. Problems related to prosecution
1. Best talent not attracted as public prosecutors
2. Lack of coordination between the investigation and the prosecution
agencies
3. Mistrust of police in admitting evidence
iv. Problems related to the judicial process/criminal justice administration
1. Law & order and investigation not separate
2. Large pendency of cases
3. Low conviction rates
d. Police reforms
i. The need for police reforms in India is long recognised. There has been almost
three decades of discussion by government created committees and commissions.
ii. National Police Commission (1979) major recommendations have not been
implemented.
iii. Since then ex-DGPs(Prakash singh case) filed PILs in SC >> Ribeiro Committee
(1999), Padmanabhaiah Committee (2000), Soli Sorabjee Committee (2006) that
drafted a new model police bill to replace the colonial 1861 Act.
iv. SMART Police - a police which should be Sensitive, Mobile, Alert, Reliable and
Techno-savvy.
v. Police reforms recommendations
1. Constitute a State Security Commission (SSC) - to ensure police is
cushioned from undue interference of state govt., lay down broad policy
guidelines and evaluate performance of police.
2. Ensure that the DGP is appointed through merit based transparent process
and secure a minimum tenure of two years.
3. Stability of tenure for officers on operational duties like SP of district,
SHO of thana etc - min. 2 yrs
4. Separate the investigation and law and order functions of the police
5. Set up a Police Establishment Board (PEB) to decide transfers,
postings, promotions and other service related matters of police officers
of and below the rank of Deputy Superintendent of Police and make
recommendations on postings and transfers above the rank of Deputy
Superintendent of Police
6. Set up a Police Complaints Authority (PCA) to inquire into public
complaints
i. at state level against police officers of Dy. SP and above rank -
serious misconduct, custodial death, rape in custody etc
ii. At district level below rank of Dy SP
7. Set up a National Security Commission (NSC) at the union level to
prepare a panel for selection and placement of Chiefs of the Central
Police Organisations (CPO) like IB/CBI/NIA etc with a minimum tenure
of two years
8. Reforms in Criminal Justice System are required. Problems in Police
(law and order) are intrinsically related to judiciary. Without reforming
the judiciary the reforms in police would have little impact at the ground
level.
9. Personnel - Recruitment of more staffs and training system needs to be
improved especially at lower level.
10. Reforms in prison system and judiciary
11. Directions of Supreme Court in Prakash Singh case need to be
implemented in letter and spirit.

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