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State Police in India

Read about State police role with the Police Act of 1861, colonial laws, an overburdened police force, and the need for a police commissionerate system and modernization of the police force.

State Police in India

  • The Indian Constitution establishes a legislative and executive division between the centre and the states
  • Police is a subject under the state government, according to this division in the 7th schedule of the Constitution
  • In terms of law enforcement, the Centre and states play the following roles:
    • As a result, each of India’s 28 states has established its police force
    • In addition, the Centre maintains seven central police forces and several other police organisations to assist states in maintaining law and order
    • They are assigned specialised tasks such as intelligence gathering, investigation, research, record-keeping, and training

Role of Police

  • Police forces in states are primarily responsible for local issues. For instance, crime prevention and investigation and maintaining law and order
  • They also provide the first response in more severe internal security challenges, such as terrorist incidents or insurgency-related violence. For example, consider the Mumbai police response to the Taj Mahal attack
  • The functions of the police can be classified into the following categories based on the Code of Criminal Procedure and the various Police Acts:
    • Crime prevention, including intelligence gathering
    • Criminal investigation
    • Public order maintenance 
    • Helping a criminal trial 
    • Providing security for critical installations and essential individuals

Service-oriented functions include:

  • Performing emergency duties in the event of a natural disaster
  • Assisting other organisations
  • Assisting with election administration
  • Traffic management
  • Validation of antecedents
  • Aiding in the enforcement of laws

Police organisation and functioning:

  • States have the authority to govern their police forces through their state laws and regulations. While some state governments have enacted their rules based on the Police Act of 1861
  • States have also developed police manuals that guide them upon the state police organisation, their roles, and responsibilities, the record they must keep, etc
  • State police forces are typically divided into civil police and armed police
    1. The civil police are in charge of the day-to-day maintenance of law and order and crime control.
    2. Armed police officers are kept on standby until additional assistance is required in situations such as riots. In some metropolitan cities and urban areas, the police Commissionerate system (IPS officers lead the police force in a commissionerate in India.) has been implemented to expedite decision-making in response to complex law and order situations arising from changing crime dynamics. This system was in use in 71 cities as of January 2020, including Mumbai, Delhi, Ahmedabad, and Kochi.

Issues

Over the last few decades, several expert bodies, committees, and commissions have investigated state police organisation and operation problems. These organisations have brought to light a variety of issues.

Need to set Police Accountability 

  • There is a need to set police accountability as State police forces enforce laws and maintain law and order in their respective states. However, incidents of abuse of power have been reported from every state. Complaints against the police include unjustified arrests, illegal searches, torture, and custodial rapes
  • The 2nd ARC has noted that the political parties have used police control by influencing the police personnel, forcing them to serve personal or political interests

Vacancies and an Overburdened Police Force

  • There are currently many vacancies in both the state and central police forces
  • The total sanctioned strength of state police forces in India as of 2016 was 22,80,691, but there is a 24% vacancy in state police forces and a 7% vacancy in central police forces
  • The sanctioned strength in India is 181 police per lakh people, but after adjusting for vacancies, the actual police strength is only 137 police per lakh people
  • As a result, an overburdened police force and long working hours harm his efficiency and performance

Crime Investigation 

  • Crime investigation necessitates specialised skills and training and technical resources such as forensic capabilities and infrastructure
  • According to the 2nd ARC and the Law Commission, state police officers frequently ignore this responsibility because they are understaffed and overburdened with various types of work
  • In addition, a lack of training and expertise impedes professional investigations

Underutilisation of Funds for Modernisation:

  • Both the federal government and the states should contribute to police force modernization
  • However, there has been a persistent trend of underutilization of these funds. For example, in 2015-16, the centre and states allocated Rs 9,203 crore for modernization of the Police department, but only 14 percent of that amount was spent

Lack of Resources/Asset: 

  • According to CAG audits, state police forces have shortages of weapons. For example, the state police in West Bengal and Rajasthan had 71% and 75% weapon shortages, respectively
  • The Bureau of Police Research and Development has also discovered a 30.5 percent shortage of required vehicles among state forces

Umbrella Scheme of Modernization of Police Forces (MPF):

  • ‘Police’ and ‘law and order’ are examples of subjects that fall under the scope of the state. However, due to financial constraints, states have been unable to fully modernise and equip their police forces to the desired level
  • Since 1969-70, the Ministry of Home Affairs (MHA) has been supplementing the efforts and resources of the states by implementing the Scheme for Modernisation of State Police Forces (MPF Scheme)

Objectives: 

  • To gradually reduce state governments’ reliance on the Army and the Central Armed Police Forces to control internal security and law and order situations by adequately equipping state police forces and strengthening their training infrastructure
  • To build cutting-edge police infrastructure by building secure police stations, training centres, police housing (residential), equipping police stations with the necessary mobility, modern weaponry, communication equipment, forensic set-up, and so on
  • This umbrella scheme consists of two schemes: 
    • Scheme for Modernization of Police Forces in States and Union Territories
    • Security Related Expenditure (SRE) Scheme for Jammu and Kashmir, North-Eastern States, and Left-Wing Extremist Affected Areas
    • The Government of India has designated “Modernization of Police Forces (MPF)” as a “core” scheme
    • The Union Home Minister and Union Home Secretary regularly review the scheme’s implementation progress

Conclusion

For state police agencies, state police officers carry out specific law enforcement activities. The types of responsibilities differ depending on the employment. State patrol troopers, for example, save lives on the roads by enforcing rules against speeding and inattentive driving. Other positions in state police departments are more akin to municipal or county police officers. To investigate major crimes, handle accident sites, and act as expert witnesses, state police personnel require good analytical abilities.