Observations, guidelines and suggestion for police reforms

Within the context of state-society relations, police reforms aim to transform the values, culture, policies, and practices of police organizations so that police can perform their duties with respect for democratic values, human rights, and the rule of law. Even though the purpose of policing is to serve the public interest, even after years of the country’s independence, the police are seen as selectively efficient and unsympathetic to the underprivileged. It is also seen as prone to corruption and politicization. Within this backdrop, we will be looking at various aspects of police reform in India. This will include suggestions, guidelines and observations regarding police reforms in India.

History of police reforms in India

The basic framework for policing in India was made in 1861, with little changes thereafter. Since then, newer forms of crime have surfaced and public expectations from police have increased.

Various Committees/Commissions in the past have made a number of important recommendations and observations regarding police reforms. Notable amongst these are those made by the National Police Commission (1978-82); the Padmanabhaiah Committee on restructuring of Police (2000); and the Malimath Committee on reforms in Criminal Justice System (2002-03). Yet another Committee, headed by Shri Ribero, was constituted in 1998, on the directions of the Supreme Court of India, to review action taken by the Central Government/State Governments/UT Administrations in this regard, and to suggest ways and means for implementing the pending recommendations of the above Commission.

In November 2014 the Prime Minister unveiled his vision for SMART Police – police which should be strict and sensitive, modern and mobile, alert and accountable, reliable and responsible, techno-savvy and trained. According to this vision, reforms are needed on three fronts: first improvement in capacity and infrastructure of police forces, second revisiting the constitution of police forces in the country through legislative/ administrative changes, and third technological scaling-up. Within each of these three heads, changes are required at several levels.

Crime and Criminal Tracking Network & Systems (CCTNS) is a plan scheme conceived in the light of experience of a non-plan scheme namely – Common Integrated Police Application (CIPA). CCTNS is a Mission Mode Project under the National e-Governance Plan (NeGP) of Govt. of India.

Overview of police organization and functioning

• State Police Forces: Police forces of the various states are governed by their state laws and regulations.  Some states have based their laws on the tenets of a central law, the Police Act, 1861. Besides being dated and a colonial legacy, the 1861 law also does not reflect current realities facing society. All states also have their own police manuals with details of how police should be organized, what their roles and responsibilities will be, and clarifies how records must be maintained, etc
• Hierarchy and organization: State police forces generally have two arms: civil and armed police.  The civil police are responsible for day-to-day law and order and crime control.  Armed police are kept in reserve, till additional support is required in situations like riots.  In this section, we discuss how civil police are organized in the country

Overburdened police force

• In 2016, there were 137 police personnel for a population of one lakh people at an average. The United Nations recommends 222 police personnel for one lakh people as the standard
• 86% of the state police consists of constabulary. Constables are promoted typically only once during their entire service, and usually retire as head constables. This could de-incentivize
• The Law Commission has also noted that the rate of convictions in India is low because of the substandard quality of investigations

Improving police infrastructure

• CAG audits have taken note of shortages of weaponry with state police forces. For example, Rajasthan had shortages of 75% and West Bengal was short of 71% of its weaponry. Maintaining adequate amounts of weaponry within police barracks is also crucial to police reforms
• The Bureau of Police Research and Development (BPRD) has also found a 30.5% decrease in stock of required vehicles (2,35,339 vehicles) with the state forces
• However, funds set aside for modernisation of infrastructure are unable to be utilized fully. For instance, in 2015-16, only 14% of these funds were used by the states. The utilization of these funds is a crucial step towards police reforms

Training of police in India

India’s civil service training facility is the Sardar Vallabhbhai Patel National Police Academy (SVPNPA). Before being sent to their various state cadres to carry out their tasks, the institute trains Indian Police Service (IPS) officers.

Holding police accountable

• Police have the power to investigate any crimes, enforce laws and maintain peace in a state. To ensure that such power is only used for legitimate and moral purposes, various countries have put in place safeguards such as making police accountable to the political executive (or the cabinet ministers) and creating independent authorities which oversee matters related to police and cabinet accountability. Above that, it is absolutely crucial to maintain a healthy separation within the cabinet and the police force
• The political executive (i.e., ministers) holds the power of supervision and control over the police forces to ensure accountability in India. However, the Second Administrative Reforms Commission (SARC) has taken cognizance that this power has been misused, and executive ministers have used police forces for personal and political gains.  Hence, experts have recommended that the nature and scope of the political executive’s power must be limited under law to ensure greater transparency

Center-State responsibility

•   “Police” being a State subject in the seventh schedule to the Constitution of India, it is primarily the State Governments who have to implement the various police reforms measures. The Center has been making consistent efforts to persuade the States from time to time to bring the requisite reforms in the Police administration to meet the expectations of the people
• In this regard, the recommendations of the various Committees/Commissions were sent to the State Governments/UT Administrations for taking necessary action. Successive Union Home Ministers have been addressing the Chief Ministers/Administrators of States/UTs in this regard

Conclusion

Some experts have also advocated for a ‘one-nation, one-police force’ reform. Some big problems arise with the police force because every state has legislated their own Police Act. A Model Police Act for the entire nation may help fix some of these issues. The Supreme Court issued directives for mandatory police reforms in the country on September 22 in 2006, in the famous Prakash Singh case. But that order is now gathering dust. Experts contend that more media and public pressure will perhaps push authorities to hastily work on these reforms. 

The police force in India also requires a Public Relations overhaul. The widespread image of the police as insensitive and corrupt authorities is not helping the forces’ relationship with the public they are supposed to safeguard. More people-to-people interactions and community outreach activities are essential. The need for police reforms in India in light of the complex security threats in present times is crucial. A review of the police governance framework, the legal and administrative setup, the issues ailing the police force – especially that of overburdened infrastructure, and the need to build robust trust between the police and the public are all essential in a young and fast-growing democracy like India.