11/07/2020 Awaiting police reforms

Awaiting police reforms

N.K. SINGH OCTOBER 03, 2017

N.K. Singh is a
former Joint Director of
the CBI and member,
National
Executive of the JD(U)

Only strong public opinion can move the

political class to implement the 2006
Supreme Court directives
The Indian Police Foundation was inaugurated in 2015 to mount pressure
on State governments to implement the directions of the Supreme Court
on police reforms (Prakash Singh v. Union of India). The court in 2006
had issued seven binding directions to implement those reforms. It took
the court a little over 10 years to give its verdict on the writ petition filed
by Prakash Singh and me in 1996. We were happy when the orders came
because almost all the submissions made by us and several others such as
the Commonwealth Human Rights Initiative, the Human Rights
Commission, and the Ribeiro Committee were accepted. Eleven years have
passed, but States have taken only some grudging steps to implement the
reforms. September 22 is is observed every year by the Police Foundation
as Police Reform Day to create awareness for the much-needed reforms.

Stronghold over the police

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11/07/2020 Awaiting police reforms

The fact is that political authorities still have a stronghold over the police.
When a new government is elected, the first thing it does (as it happened
recently in Uttar Pradesh) is to replace the Director General of Police
(DGP) of the State. In some cases, this is also happening with the Chief
Secretaries. There are a few exceptions, no doubt — the Chief Minister of
Bihar changed neither the DGP nor the Chief Secretary, both of whom he
inherited from his predecessor under rather acrimonious circumstances.

The result is that the police even today is not trusted by the people. They
perceive the force as being partisan, politicised, and generally not very
competent. Nothing confirms this more than the frequent demand for
probes by the CBI into crimes which can be handled by Criminal
Investigation Departments. Even in the recent murder case of journalist-
activist Gauri Lankesh, there was a demand for a CBI probe.

And what about the CBI? Only a few years back, the Supreme Court had
called it a “caged parrot”. If at all, the lock of that cage has become tighter.
And very often now, the demand for a CBI probe is accompanied by a
Supreme Court-monitored probe.

Implementing Lokpal
Much of the problem would not have been if the 2013 Lokpal legislation
was put in place. The Lokpal would have the powers to oversee the CBI’s
work and would ease the burden of the court. However, even the
Opposition is not enthusiastic about the Lokpal as parties across the
political spectrum have a vested interest in continuing with the present
police system.

Ultimately, it is only strong public opinion that can move the political class
to implement the 2006 directives. But the police has to set examples to
win public trust. Reform must start at home. Since the political class has a
vested interest in the present system, no amount of pressure will work. We
will have to fall back on the judiciary, which wants an impartial and
professional police force because it knows that the criminal justice system
cannot function without a healthy police and investigative agency.

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11/07/2020 For a humane and autonomous police

For a humane and autonomous police

R.K RAGHAVAN DECEMBER 29, 2019

During strife, the focus needs to be on

improving the quality of policing in the
field than on ‘politician management’
These are tumultuous times for the Indian police, especially the Delhi
police, in their bid to maintain law and order. After losing the debate
inside Parliament, certain elements have regrettably chosen to take some
contentious issues out to the streets. Consequently, the floor has been
unwittingly yielded to the police — and for them to act in the manner they
deem fit, and in the interests of public peace.

Binary picture
Protests and demonstrations no doubt form the core of democracy and are
unexceptionable as long as they do not disrupt the life of the common man
or cause damage to public property. In an ideal world, we may expect this
clear-cut theoretical proposition to work perfectly. But in the raw,
emotion-ridden and violence-prone streets of the present times, this
clinical allocation of respective space has, however, repeatedly proved to
be mere pontification. This is established by events of the past few days in
the national capital. Some media reporting has tended to be one-sided,
tending to portray the police as the villain of the piece and the protesters
as harmless and pacifist. This binary picture is deceptive and misleading,
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11/07/2020 For a humane and autonomous police

because it is blind to the truism that the police do enjoy a measure of

operational autonomy, free from the dictates of other state agencies.

Shadow of politics
Public opinion has been built around a few gross misconceptions about
modern policing. It is too simplistic and facile to look upon the police as
merely an agency that has been caught in the crossfire between the
establishment and protesters. Gone are the halcyon days when life was
more orderly and civilised, and the police just received orders from above
to be executed as faithfully as they could/can and not necessarily at the
speed of lightning. The vicissitudes of politics over the decades have
deprived the guardians of law the luxury of resting on the statute book and
responding to a developing situation.

They will now have to be proactive and react — and react within split
seconds to an incendiary situation arising from contentious political
situations. While doing so they are bound to overstep the contours of law.
This reminds a reader of the classic situation summed up as: (You’re)
damned if you do and damned if you don’t.

It is fallacy to argue that the police cannot enter campuses unless they are
invited to do so by heads of institutions. Nothing can be a greater
incentive to violence. I am happy that the Vice-Chancellor of Aligarh
Muslim University has been honest enough to admit that he permitted the
police to enter his campus to prevent an already ugly situation from
becoming worse.

In Jamia Millia, Delhi, the police appeared to have taken the initiative
when no such invitation was forthcoming. There is no law that prohibits
such police entry on their own, and any attempt to frame such a law will
be preposterous to the core. The police are obligated under law to
intervene wherever and whenever they apprehend danger to lives. Imagine
the not-so-imaginary and improbable situation where the vice-chancellor
is himself besieged and threatened by a mob of students and others and is
unable to communicate with the police. Can the police wait for a nod from
those facing danger? If they did and if the VC was attacked or grievously
hurt, the police would be hauled over the coals.
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I am reminded here of the statement of the English jurist, Lord Denning,

in Regina v Commissioner of Police of the Metropolis (1968): “... (it) is for
the Commissioner of Police of the Metropolis, or the chief constable, as
the case may be, .......to decide on the disposition of his force and the
concentration of his resources on any particular crime or area. No court
can or should give him direction on such a matter... And ‘No Minister of
the Crown can tell him that he must, or must not, keep observation on this
place or that;... The responsibility for law enforcement is on him. He is
answerable to the law and to the law alone.”

I do not think the position is different in India. If some police leaders have
surrendered their autonomy to the Executive, it is their fault and not of
the Executive.

On the measure of force

Another bone of contention relates to the quantum of force that the police
can use in quelling disorder. Some astonishing statements have been
made in this context. There is no scientific formula that applies to
explosive scenes that have become routine in the national capital.

“How much is too much?” is a question that is impossible to answer. The

amount of force used in such situations can vary significantly, and will be
related mainly to the strength of the mob, its composition, its mood and
the kind of weapons it has at its command. Use of stones has become the
most favourite, because of ease of availability and potency. To say that the
police or any security agency should not overreact to this kind of barbarity
is grossly unfair. Ultimately, it is the decision of the police commander in
the field.

Mob control techniques are a part of the police curriculum in major

training institutions. Their impact depends on the imaginative nature of
the instruction. In the wake of violence across the country, the police
leadership would do well to concentrate on this important aspect of
policing, even if it means according a lower priority to other areas of
routine.

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11/07/2020 For a humane and autonomous police

In a democracy such as ours we certainly need a civilised and humane

police. This should not, however, dilute the need to have a potent force
that will not hesitate to use the resources at its command in order to re-
emphasise the dictum that democracy can flourish only when violence is
checked and not allowed to hold sway. There is a crucial need for senior
police officers to devote time to improving the quality of policing in the
field, instead of frittering away their energies in concentrating on
“politician management”.

R.K. Raghavan is a former Director, Central Bureau of Investigation and a

former High Commissioner of India

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Rethinking police reform about:reader?url=https://www.livemint.com/Opinion/A5OlNpyWbCZ...

livemint.com

Rethinking police reform

Narayan Ramachandran

6-7 minutes

First, the background. Schedule Seven to the Indian

Constitution lays out 61 items that are the subject of state
authority. Public order, police and prisons top this list. Each of
the 29 states and seven Union territories has a police force of its
own. The unit of state policing is the police station. According to
the Bureau of Police Research and Development (BPRD), there
are 15,268 police stations in the country today. These stations
are organized under various administrative units like circles,
subdivisions, districts, ranges and zones. Major cities also have
a commissionerate to coordinate and direct operations.

Police ranks range from the director general of police (DGP,

who typically leads a state), the assistant superintendent of
police (ASP), to the constable in a police station. The ASP to
DGP ranks are officers of the central cadre of Indian Police
Service (IPS). The median ratio of police officers to
constabulary—what the police call the teeth-to-tail ratio—is 5%.
There are a total of about 1.8 million police personnel employed
by Indian state police organizations today—and there are also
300,000 vacancies. This results in a median 200 policemen for
every 100,000 people, though it ranges widely from 76 in Bihar
to 700 in Delhi. On a combined basis, the police force operates
180,000 vehicles today, ranging from light to heavy. In short, the

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combined state police force in India is a massive people,

process and logistics organization.

In addition to these state police forces, the Centre manages

seven police organizations—Central Reserve Police Force
(CRPF), the Central Industrial Security Force (CISF), the
Railway Protection Force (RPF), the Sashastra Seema Bal
(SSB), the Border Security Force (BSF), the Indo-Tibetan
Border Police (ITBP) and Assam Rifles (AR). The latter four
guard India’s border with Nepal, Bhutan, Pakistan, Bangladesh,
China and Myanmar, respectively—functions allocated to the
Centre under the Constitution. CISF is used to guard critical
infrastructure, including airports; the CRPF is used to maintain
internal law and order, especially during communal rioting.

Despite being headed by an IPS officer, the National Security

Guard (NSG), charged with counter-terrorism, is not considered
a “police force" because its core operational capability is
provided by the Indian Army. The Central Bureau of
Investigation (CBI) that was born as an internal affairs
department to police corruption among central government
employees has additionally evolved to take on cases of special
crime “referred" from the states that are more complex or more
controversial than usual.

According to a Takshashila Institution survey of public trust,

state police organizations rank dead last among government
organizations and agencies. Numerous committees and
commissions have opined on the issue of police reform. Most of
them have approached the problem from a quantity, capacity,
capability, training, compensation and benefits point of view.
The solutions may generally be grouped into the idea of “if you
make the policeman’s conditions better, then everything will
improve." While all of these factors are material, very few expert

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groups have spoken about the criminalization of the police force

as a direct consequence of the criminalization of politics and the
capture of the police as an instrument of implementation.
Dealing with 21st century challenges with the (currently
applicable) Police Act of 1861 is also bound to create a host of
issues.

The politicization of the police is a tough problem to solve in an

environment in which money, votes, and instruments of
intimidation (misuse of the police) mix in one unholy melting pot.
The Second Administrative Reforms Commission (ARC), in its
fifth report on public order, tackles the issue of police reform in
the most constructive way of any recent discussion on the
matter. Alas, its recommendations remain unheeded.

The ARC recommended that the investigative functions of police

be separated from the day-to-day law and order functions and
that the superintendence of the government over police be
restricted in such a manner that the force retains operational
autonomy. The ARC suggested a State Accountability
Commission made up of five members of government, including
the home minister and chief secretary and five non-partisan
eminent citizens. The ARC recommendation resolved the
politicization dilemma by delegating operational control to the
force and democratizing governance to a commission (the
public are the ultimate masters, according to the ARC). Others
have argued for even less political control.

In a democratic system, there is no getting away from ultimate

accountability to the political system. Codifying checks and
balances in respective police Acts will bring assurance against
illegal orders by the political establishment to the police.
Currently, politicians use the power of the police for their
purposes, but sidestep any responsibility for their failures. Only

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by giving full accountability to the politicians can society hold the

politicians responsible for their actions. Only when we marry full
political accountability with the betterment in capacity, capability
and equipment can we begin true police reform. And begin it
must.

PS: “Doveryai, no proveryai", is a Russian proverb that means

“Trust, but verify".

Narayan Ramachandran is chairman, InKlude Labs. Read

Narayan’s Mint columns at www.livemint.com/avisiblehand

Comments are welcome at narayan@livemint.com

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11/07/2020 The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points

The Malimath Committee’s

recommendations on reforms in the
criminal justice system in 20 points
K. DEEPALAKSHMI JANUARY 17, 2018

As the Union government is considering to

revisit the Malimath Committee report on
reforms in the criminal justice system,
here is a look at what the panel
recommended in 2003.
In 2000, the then NDA government formed a panel headed by the former
Chief Justice of Kerala and Karnataka, Justice V.S. Malimath, to suggest
an overhaul of the century-old criminal justice system.

Two years later, the Justice Malimath Committee submitted a report with
158 recommendations to the Deputy Prime Minister, L.K. Advani, who
was also the Home Minister. The Committee felt that the existing system
“weighed in favour of the accused and did not adequately focus on justice
to the victims of crime.”
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11/07/2020 The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points

Here is a look at 20 key reforms suggested by the six-member panel.

Borrowing from inquisitorial system

The panel was in favour of borrowing features from the inquisitorial

system of investigation practised in countries such as Germany and
France, where a judicial magistrate supervises the investigation. The
committee recommended that courts be bestowed with powers to summon
any person — whether or not listed as a witness — for examination, if it
felt necessary.

Right to silence

The panel recommended a modification to Article 20 (3) of the

Constitution that protects the accused from being compelled to be a
witness against himself/herself. The Committee suggested that the court
be given freedom to question the accused to elicit information and draw
an adverse inference against the accused in case the latter refuses to
answer. The Committee also felt that the accused should be required to file
a statement to the prosecution disclosing his/her stand.

Rights of the accused

The Committee suggested that a Schedule to the Code be brought out in all
regional languages so that the accused knows his/her rights, as well as
how to enforce them and whom to approach when there is a denial of
those rights.

Presumption of innocence

The courts follow “proof beyond reasonable doubt” as the basis to convict
an accused in criminal cases. This, the committee felt, gives “very
unreasonable burden'” on the prosecution and hence suggested that a fact
be considered as proven “if the court is convinced that it is true” after
evaluating the matters before it.

Justice to victims of crime

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11/07/2020 The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points

The Committee made a series of recommendations to ensure justice to the

victims.

The victim should be allowed to participate in cases involving serious

crimes and also be given adequate compensation.

If the victim is dead, the legal representative shall have the right to
implead himself or herself as a party, in case of serious offences.

The State should provide an advocate of victim’s choice to plead on

his/her behalf and the cost has to be borne by the State if the victim
can’t afford it.

Victim compensation is a State obligation in all serious crimes, whether

the offender is apprehended or not, convicted or acquitted. This is to be
organised in a separate legislation.

A Victim Compensation Fund can be created under the victim

compensation law and the assets confiscated in organised crimes can be
made part of the fund.

Police investigation

The Committee suggested hiving off the investigation wing from Law and
Order. It also recommended setting up of a National Security Commission
and State Security Commissions. To improve the quality of investigations,
it suggested a slew of measures, including the appointment of an Addl. SP
in each district to maintain crime data, organisation of specialised squads
to deal with organised crime, and a team of officers to probe inter-State or
transnational crimes, and setting up of a Police Establishment Board to
deal with posting, transfers, and so on.

Police custody is now limited to 15 days. The Committee suggested this be

extended to 30 days and an additional time of 90 days be granted for the
filing of charge sheet in case of serious crimes.

Dying declaration

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The committee favoured dying declarations, confessions, and audio/video

recorded statements of witnesses be authorised by law. It also sought
amendments to the law to allow thumb impression only if the witness is
illiterate.

Public prosecution

It suggested that a new post, Director of Prosecution, be created in every

State to facilitate effective coordination between the investigating and
prosecuting officers under the guidance of the Advocate General. The
appointment of Assistant Public Prosecutors and Prosecutors, it was
recommended, should be made through competitive examination. There
was also a rider that they were not to be posted in their home district and
the places where they were already practising.

Courts and judges

The report submitted in 2003 pointed out the judge-population ratio in

India is 10.5 per million population as against 50 judges per million
population in many parts of the world. The ratio is 19.66 per million
people as of 2017.

The National Judicial Commission must have clear guidelines on precise

qualifications, experience, qualities and attributes that are needed in a
good judge and also the prescription of objective criteria to apply to the
overall background of the candidate. The higher courts, including the
Supreme Court, should have a separate criminal division consisting of
judges who have specialised in criminal law. The committee suggested
every court keep a record of the timestamps such as date of conclusion of
arguments, date of pronouncement of judgment, and so on, which may be
prominently displayed.

Trial procedures

The Committee felt that all cases in which punishment is three years and
below should be tried summarily and punishment that can be awarded in
summary trials be increased to three years.

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Witness protection

Noting that taking action against perjury is a cumbersome process and

genuine witnesses are treated shabbily, the Committee batted for a strong
witness protection mechanism – it said the judge should be ready to step
in if the witness is harassed during cross-examination.

It also recommended the following: that witnesses get their allowances on

the same day; they be provided with proper seating and resting facilities
and be treated with dignity. It also suggested that a separate witness
protection law be enacted akin to the one in the United States.

Perjury

If during the trial, the witness is found to have given a false evidence with
an intention to affect the case, he/she must be summarily tried and be
liable to fine up to ₹500 or up to three-month prison or both.

Vacations for the courts

The committee recommended reducing the period of vacation by 21 days,

keeping in mind the long pendency of cases. If implemented, the Supreme
Court will work for 206 days and High Courts will function 231 days per
year.

Arrears Eradication Scheme

The Committee proposed an ‘Arrears Eradication Scheme’ to tackle cases

that are pending for more than two years. Under the scheme, such cases
will be settled through Lok Adalats on a priority basis. These cases will be
heard on a day-to-day basis and no adjournment shall be permitted.

Sentencing

The Committee is in favour of a permanent Statutory Committee to

prescribe sentencing guidelines. Pregnant women and women with child
below seven years can be kept under house arrest instead of being lodged
in prison, keeping in mind the future life of the child, it said.
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In cases where the interest of society is not involved, law should favour
settlement without trial as recommended by the Law Commission. The
fine amount may be increased by fifty times. In cases where the convict is
unable to pay fine or has defaulted, community service may be prescribed.

The Committee also favoured substituting death sentence with

imprisonment for life without commutation or remission.

The Indian Penal Code has to be reviewed to enhance, reduce or apply

alternative modes of punishments keeping in mind new and emerging
crimes.

Reclassification of offences

Offences are currently classified as cognisable and non-cognisable.

Instead, the Committee recommended classifying offences as social
welfare code, correctional code, criminal code, and economic and other
offences code.

Offences against women

Here is a gist of the Committee’s recommendations:

Bigamy: Evidence regarding a man and woman living together for a

reasonably long period should considered as marriage, even if he is
already married and he is liable to provide maintenance to both women.

Adultery: When a man can be punished for having sexual relations with
another man’s wife, the woman should also be liable for punishment.

Domestic abuse: The Committee favoured making Section 498A as a

bailable and compoundable offence. This Section is largely used in case of
dowry harassment.

Rape: Non-penal penetration and any forcible penetration should also be

considered as rape and must be carry a heavier punishment. The trial of
rape cases should be done with most expeditiously, within four months,
and with a high degree of sensitivity.
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Organised crime and terrorism

Though crime is a State subject, a central law must be enacted to deal with
organised crime, federal crimes, and terrorism. A Department of Criminal
Justice must be established to appraise procedural and criminal laws and
to periodically amend them, the Committee said.

One of its suggestions was that the possession of prohibited automatic or

semi-automatic weapons and lethal explosives be made punishable with
up to 10 years jail.

Economic crimes

The Committee suggested that sentences in economic offences not run

concurrently, but consecutively. A law has to be enacted to protect
informers, it said.

Periodic review

The Committee has recommended providing for a Presidential

Commission for a periodical review of the functioning of the Criminal
Justice System.

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11/07/2020 The mystery of police reform

The mystery of police reform

R.K.RAGHAVAN MARCH 09, 2017

That police is a State subject complicates

matters, but self-correction within the
force is essential
“Police reforms are going on and on. Nobody listens to our orders.”
This is how a Supreme Court bench headed by Chief Justice J.S. Khehar
reacted last week, while declining the plea of a lawyer demanding
immediate action to usher in major police reforms in the country. The
lawyer had earlier been permitted to implead himself in a pending PIL on
the subject.

It is sad that the highest court of the land is so helpless in the matter. Its
anguish, however desperate and well-meaning it may have been, is
understandable. It epitomises the pathetic state of affairs in public
administration in the country, and it can only embolden our political
heavyweights to brazenly halt the few contemplated reforms.
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While the National Police Commission (1977-79), set up by the Janata

government that displaced the Congress government led by Indira
Gandhi, kick-started reforms, the credit for keeping the debate alive and
taking it to the highest judicial forum goes to a colleague of mine, Prakash
Singh, former Director General of Police (DGP) of Uttar Pradesh and a
former Border Security Force chief, who filed a PIL in 1996 and sought
major changes to the police structure. His accent was on autonomy and
more space for police professionalism by giving a fixed tenure for police
officers in crucial positions beginning with the DGPs in the States.

Long road to reform

The apex court gave its nearly revolutionary directions in 2006, a decade
after Mr. Singh first filed his petition. While it is easy to blame the court
for such an inordinate delay, one must remember that ‘police’ being a
State subject under the Constitution, the process of consultation was
tortuous and time-consuming.

The SC’s directions to the States included a fixed tenure of two years for
top police officers in crucial positions, setting up of a State Security
Commission (in which the leader of the Opposition party also had a role,
and would give policy directions to the police), the clear separation of law
and order and crime functions of the police and creation of a Police
Establishment Board to regulate police placements. It also mandated a
new Police Act on the basis of a model Act prepared by the Union
government and circulated to the States. Policemen across the country
were excited over this development and believed that an end to gross
political interference in police routine was in sight.

Events since 2006 have been dismaying, with several State governments
devising their own means to dilute — if not wholly sabotage — what the
Supreme Court had laid down. Finding that the court had stepped in
mainly because there was no law on the subject, many States brought in
quick hotchpotch legislation to water down the essentials of the Supreme
Court direction. On the face of it, the new Police Acts appeared to be fully
compliant with the judicial prescription. In fact, they were a ruse to outwit
the court, without demonstrating any irreverence or defiance. This is why
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11/07/2020 The mystery of police reform

we still see Directors and Inspectors-Generals (IGs) being handed out a

two-year tenure on paper, but given marching orders midway into their
tenure on the most untenable and imaginary grounds. Nobody has
protested.

A few States have made officers temporarily in charge of the post of DGP
without having to obey the SC direction. Commissioners of Police and IGs
(Intelligence) have also suffered the same fate. The objectives of the Police
Establishment Board, conceived only to depoliticise appointments and
transfers, have been set at naught by the DGPs getting informal prior
political approval from the Chief Minister/Home Minister with a view to
placing politically amenable officers in vital places in the police hierarchy.

Dispassionate observers have other ideas on the matter. In their view,

mere autonomy to the police and job security, without upgrading the
quality of recruits and ensuring dedication and honesty in the day-to-day
delivery of service to the public, will be of little avail. They also dispute the
popular theory that all police ills are traceable only to political interference
in police routine. I am inclined to agree with this somewhat unpopular
stand.

Politicians as scapegoats

Many dishonest policemen — there are quite a few in every State police —
get away with accusing the local politician of preventing them from
discharging their duties. The pathetic state of police stations and their
culpable tardiness in responding to the common man, crying for
protection from a bully, are too well known to be chronicled. Policemen
either ignore complaints, or when they do take cognisance of them, side
with the aggressors. We are familiar with the spectacle of perpetrators of
violence being treated as witnesses, and victims of crime converted to be
accused. There is not always a politician energising the police to act
blatantly against canons of ethics.

I recently took up the cause of a junior worker in the IT industry, who was
beaten black and blue by a few policemen on duty in a public resort for
absolutely no fault of his. He was further deprived of a gold chain he was
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wearing at the time of the outrage. I took up the matter with the District
Superintendent who, in turn, directed a young IPS officer to inquire into
the unconscionable conduct of the police. Several months have passed by
with no relief for the victim. In a more recent instance, the plea from a
senior IAS officer, who retired as secretary to the Government of India, for
additional traffic lights and related restructuring of vehicular flow at a
busy junction, which had caused accidents, remains unanswered. Despite
my taking up the matter purely in the public interest, there has not even
been an acknowledgement of the request.

Such callousness towards the common man’s simple, legitimate and

uncomplicated requests, be it the rich or poor who go to the police on a
grievance, is far too common. The excuse of preoccupation with law and
order problems and inadequate manpower cannot fully explain the
predilection for inaction that has become routine in our style of policing.
Can you cite political interference or lack of resources as the alibi for this
gross apathy? This is why the debate on police reforms sounds irrelevant
and unappealing to the average citizen.

Scope for improvement

Is there hope of a measurable improvement in the quality of policing? I

would like to say ‘yes’, but I am reluctant, because sections of the police
leadership are not contributing enough to the cause of consumer-sensitive
policing. They are either selfish or dishonest, or indifferent.

It is equally true that many young IPS officers lose their idealism early in
their careers, because of fear of vengeful politicians or disloyal
subordinates. They, therefore, become deadwood, which the force cannot
get rid of without prolonged litigation. The fears of proactive and
dedicated officers about reprisal over honest action against powerful men
in society and politics are well-known.

But how long will the citizen be satisfied with a non-performing police
force? This is the question we should ask ourselves while discussing police
reforms. It is not as if this is a problem that has suddenly come upon the
police. It has only ballooned in recent times because of growing
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lawlessness promoted by big money and all that goes with it. Unless there
is self-correction within the police, a process initiated by the DGP and his
aides, we cannot see a perceptible change in the manner in which policing
is carried out in most parts of the country. Just as there are many bright
spots in the police forces, there are an equal number of enlightened
elements in our polity, who are willing to listen to police woes. There is
here a symbiotic relationship without activating which our police forces
will remain condemned and shunned by the law-abiding citizen.

R.K. Raghavan is a former CBI director

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Why India needs urgent police reforms

VIKRANT SINGH KUSHWAH

Internal security is very much a prerogative of police and efficient policing is needed in order to tackle threats.
But for that, the police system needs to be efficient, effective and technologically sound.

Source: PTI

INTELLIGENCE GATHERING POLICE EXPENDITURE POLICE REFORM

“… Serious internal security challenges remain. Threats from terrorism, left wing extremism, religious
fundamentalism, and ethnic violence persist in our country. These challenges demand constant vigilance
on our part. They need to be tackled firmly but with sensitivity.” [1]

These were the words of former Prime Minister of India, Dr. Manmohan Singh, at one of the conferences of
Chief Ministers on internal security, six years ago. Several years have passed, a new government has been in
power, but internal security of the country is still threatened by multiple threats. With the advancement in
technology, newer versions of threats are continuously arising in the form of cyber-attacks, bank frauds, and
organised crimes, just to name a few, which need to be tackled in a more specialised manner. Current National
Security Advisor Ajit Doval termed this kind of war ‘fourth generation war’, a warfare with an invisible army

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and warned the police officers “…this war cannot be won by the armies. This is the war of a policeman and if
you win, the country wins and if you lose then the country loses.” [2]

In such a scenario, the role of a policeman becomes very important. Against all these security threats, the first
line of defence is the police system. Internal security is very much a prerogative of police and efficient
policing is needed in order to tackle these threats. But for that, the police system needs to be efficient,
effective and technologically sound.

From problems relating to police organisation, infrastructure and environment to

obsolete weaponry and intelligence gathering techniques to shortage of manpower to
corruption, police force in the country is not in a good shape.

Existing police system suffers from myriad deficiencies. From problems relating to police organisation,
infrastructure and environment to obsolete weaponry and intelligence gathering techniques to shortage of
manpower to corruption, police force in the country is not in a good shape.

The superintendence and control of the police is a debatable issue. As per the police laws, both the Central and
State police forces come under the superintendence and control of political executives. This has resulted in the
lack of democratic functioning and appropriate direction. Police priorities are frequently altered based on the
will of political executives. [3] It seems that the police force has become a puppet in the hands of its political
masters. There is no mechanism for registering a complaint against erring police officials. Both the Second
Administrative Reform Commission and the Supreme Court have accepted the need for having an independent
complaint authority to inquire into the cases of police misconduct. [4]

The existing police infrastructure is also inadequate to cater to the needs of the police force. There is a huge
manpower shortage in the police department. The police-population ratio, currently 192 policemen per lakh
population, is less than what is recommended by UN i.e. 222 policemen per lakh population. [5] This results in
overburdening of work which is another grave challenge for the police force. Overburdening of work not only
reduces the effectiveness and efficiency of the police personnel but also leads to psychological distress which
contributes to various crimes committed by the policemen.

There is a huge manpower shortage in the police department. The police-population

ratio, currently 192 policemen per lakh population, is less than what is recommended by
UN i.e. 222 policemen per lakh population.

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Similarly, when it comes to weaponry, the police machinery is still using obsolete and outdated weapons. The
Comptroller and Auditor General (CAG) in its report also highlighted that the force continues to depend on
outdated and unserviceable weapons. The CAG report attributed this to the slow weapons acquisition process
from ordnance factories. [6]

Police mobility is another issue, which has been hampered by the shortage of police vehicles. The CAG
reported that there is very little increment in vehicle availability and there is a shortage of drivers too. [7] This
compromises the swiftness of action and increases the response time of the police force.

Another problematic area relates to the communication networks. In an era of ICT, the police system is still
struggling to get proper communication network. The Bureau of Police Research and Development (BPR&D)
data shows that across all States and UTs, there are 51 police stations which have neither telephones nor
wireless sets. [8] The CAG report stated that the Police Telecommunication Network (POLNET), which is used
in crime investigation and transmission of crime related data, is non-functional in certain States. [9] The Crime
and Criminal Tracking Network and System (CCTNS) was envisaged to link every single police station in the
country. Bihar and Rajasthan are still lagging in project implementation. [10]

The Indian policing system also suffers from its century-old recruitment process. The recruitment process of
police personnel, especially from lowest constabulary level to Sub-Inspector level, is medieval. During the
training process, the overall focus is on enhancing the physical strength of the trainees but other essential skills
like forensics, law, cyber-crime, financial frauds are either ignored or put on the back burner. The CAG
reported that the percentage of police personnel trained is very low in most of the States. Out of 71,711
recruitments at constable level, 67,669 constables have been trained in the year 2016. [11] The report also
highlighted the deficiencies in weapon training and inadequacy in proper training infrastructure. [12]

The police housing facilities are also an issue. It currently faces a shortage to accommodate the increased
police strength across the country. The BPR&D report shows that although there is 8.06% increment in overall
sanctioned strength of police force, the family accommodation has only been raised by 6.44% which means a
chunk of police personnel do not have proper accommodation. [13]

The total budget allocated to police in all the States/UTs in the year 2016-17 was Rs 113,379. 42 crore but the
total police expenditure was Rs 90,662.94 crore. This shows that the budget was underutilised. The BPR&D
data and the CAG highlighted the underutilisation of funds allocated under the Modernisation of Police Forces
(MPF) Scheme. In the year 2015-16, out of a total grant of Rs 9,203 crore that was made available for
modernisation, States only utilised Rs 1330 crore (14%). [14]

The total budget allocated to police in all the States/UTs in the year 2016-17 was Rs
113,379. 42 crore but the total police expenditure was Rs 90,662.94 crore.

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The panacea to these problems is the police reform process that has been debated for decades with no results.
From time to time, several commissions have looked into the reform processes. Till now, six committees,
including the National Police Commission, have been set up by the government. These committees made
recommendations in favour of major police reforms. These include the Gore Committee on Police Training
(1971-73), the Ribeiro Committee on Police Reforms (1998), the Padmanabhaiah Committee on Police
Reforms (2000), the Group of Ministers on National Security (2000-01), and the Malimath Committee on
Reforms of Criminal Justice System (2001-03).

Despite recommendations from these committees, no substantial changes have been seen. The Supreme Court
in 2006 also came up with a landmark judgment in the Prakash Singh Case, where the court made seven-point
directives to the Center and State governments. However, till date, these have not seen the light of the day. It
reflects the lack of political will and adamancy on the part of bureaucracy to implement the order. Neither the
politicians nor the bureaucrats want to lose their control over the police. This problem of lack of clarity in
control also lies in The Police Act of 1861, which is silent on ‘superintendence’ and ‘general control and
directions.’ [15] This enables the executives to reduce the police to mere tools in the hands of political leaders
to fulfil their vested interests.

All these challenges require immediate attention of the governments — both at the Centre and the States. The
political leadership needs to understand that the dilapidated condition of the police system will negatively
impact upon the security and integrity of the nation. It is time that we freed the police from the clutches of
political masters and transform it from ‘Ruler’s Police’ to ‘People’s Police.’ [16]

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