The concept of rule of law and the administration of justice has been known to exist in India, ever since the Vedas came to be recognised as they were synthesis of drama. Since ancient times, the police have been primarily responsible for maintaining law and order, preventing crime, and apprehending offenders so that the weak cannot remain vulnerable to abuse, selfish elements cannot suppress them and social harmony can be preserved. The primary features of the previous police system were its focus on the community, functional specialization, expertisation, and decentralisation. The general public was the target of police accountability to a large degree.[1]
The history of the Indian police system is a product of colonial law, we all know that most of the time British rule used the police as their instrument to suppress the voice of freedom fighters and for their personal gain. Our police still function in a feudal style and are still governed by the Police Act 1861 of British times, which was authoritarian in nature as it was made in the aftermath of the 1857 Sepoy Mutiny[2]. Even after the independence of India, no such major reform can be seen to combat the increasing number of modes of crime in daily life.
The police are a state subject, as mentioned in the schedule 7th of the Indian constitution. All the Social, economic, and political development of the state is based on the law and order of the state, Max Weber defined ‘State’ as an organization that has a “monopoly on the legitimate use of physical force”. The use of physical force becomes necessary when other peaceful mechanisms fail to produce results. The police are the instrument of physical force of the State.[3]
The manner in which they respond to violations of law and order, place restraints on personal freedom, prevent the occurrence of crime, and detect crime, all generate debates and controversies. On the one hand, they are accused of going into excesses, while on the other hand, they are accused of doing too little.
The current state of the Indian police force presents a complex picture, marked by challenges that hinder its effectiveness and erode public trust.
Key Challenges in the Current Policing System
There is a shortage of police personnel as per requirement; according to government data, there are 22.1% vacancies at the center and 7.7% at the state level (these are the aggregate data; some of the states have worse conditions). India has 152.80 police personnel per lakh, while the sanctioned strength is 196.23 and there are too many differences if we follow the recommendation of the United Nations, which recommend 222 police personal over per lakh people[4].
Also, there is a lack of adequate representation of women in the police force. They form under 7% of the force which is way short when the number of women-related crimes is concerned[5].
Not only there is a shortage of personnel but also vehicles, modern equipment, infrastructure funds, etc. According to Bureau of Police Research and Development has noted a 30.5% shortage in required vehicles within the state forces.
According to the government, only 3% of the budget has been sanctioned to police by the state and central government, which is not enough. In a world of globalization, most of the persons use modern sources to commit crimes or after committing a crime they leave the state as a result it become very difficult for police to arrest them. It is not possible for police to tackle this problem within limited resources, so police need more funds for the use of modern sources in their investigation.
The constables alone constitute 86% of the police forces whose recruitment criteria are just class 10 and 12. Crime investigation requires skills and training, time and resources, and adequate forensic capabilities and infrastructure.
However, the Law Commission and the Second Administrative Reforms Commission have noted that state police officers often neglect this responsibility because they are understaffed and overburdened with various kinds of tasks. Also, they do not have adequate training and expertise to conduct professional investigations. Changing Technology, Challenging Policing: In the next decade, digitalisation, hyper-connectivity, and exponential growth of data are expected to accelerate. There is a threat to effective policing from the convergence of different domains like bioweapons and cyberattacks.
These police constables are also lack of motivation because of slow promotion, generally, they promoted once in life and end their service up to head constable. The criteria for recruitment and their promotion with salary must be increased with the increase of inflation and their basic needs.
Instances of Police Misconduct
There are allegations of police being unprofessional, insensitive, brutal, discriminative, and nepotist which includes unlawful arrest, unlawful search, torture, custodial deaths, harassment, etc. which is also true to some extent, like during the time of lockdown in Thoothukudi district of Sathankulam, the Tamil Nadu Police detained P. Jeyaraj (59 years old) and his son J. Beniks (31 years old) on June 19, 2020, for possible COVID-19 lockdown violations by opening their mobile shop beyond permissible time. However, CBI mentioned in his chargesheet that there was no violation of any rule, it was also found that during the time of custody, they were sexually assaulted and tortured which led to their death[6].
Similarly, the custodial death of 22-year-old Altaf of Kasganj was in the news, where the police cooked up their story that he died of suicide after hanging from a 2-foot plastic pipe.
There are calls for more transparency and accountability for the use of force by law enforcement, such as the implementation of body-worn cameras, which could provide valuable information to be used in investigations of police misconduct and the use of force. In D.K. Basu vs State of West Bengal [7]Supreme court, held that “Policemen must learn how to behave as public servants in a democratic country and not as oppressors of the people”.
If we follow the past record of custodial death the toll is increasing day by day like 136 in 2018-2019,112 in 2019-2020,100 in 2020-2021,175 in 2021-2022 in 2022-2023 164.
Contemporary police philosophy in India, is an ironic combination of British liberal tradition and British colonial practice. Our justice delivery system, with a low record of conviction, is under severe stress. The person on the street is wary of khaki. What the Fraser Commission stated, in 1902, about the Indian police being “generally regarded as corrupt and oppressive and utterly failing to secure the confidence and the cordial cooperation of the people”.
Talking about the police to the aam aadmi (common man) in India will hardly ever result in a positive statement about the institution. According to a 2018 survey of 15,562 respondents across 22 states on perceptions about policing, the Lokniti team at the Centre for the Study of Developing Societies (CSDS) found that less than 25% of Indians trust the police[8].
Executive Influence on Police Force
Sometimes, a tussle of power or ego also leads to non-cooperation in the investigation, as the state police forces come under the state government while the central police forces (CRPF, ITBP, SSB, BSF, Assam Rifles, CISF, and NSG) come under the Union Home Ministry.
Most of the time, it is also found that executives are in the habit of abusing power and using the police forces for personal or political interests. A classic example of the rule of law-oriented policing was provided by the Norwegian police, which imposed a heavy and exemplary fine on its own prime minister for organizing a party on her 60th birthday in violation of COVID-19 regulation[9]s. Our police officials also need to practice unbiased law enforcement, without fear or favor, as demanded by the rule of law.
Psychological Pressure
There are up to 14 hours of work a day due to the variety of tasks combined with a lack of employees.
The matter gained attention in 2018 following the death of a constable who, in spite of his poor condition, had been refused leave.
In addition to having long workdays, half of the civil servants remain after work because of a staffing shortage. Given the nature of their jobs, this has led to extremely high levels of stress and anxiety within the police forces.
Police Doing a Good Job
The Police in India is the first agency of the Government to respond to any need of the people. Be it terrorist or insurgent attacks, normal crimes, law and order situations, natural and man-made disasters or provision of emergency humanitarian assistance, the Police is always at the forefront. Police forces around the country thus provide the most fundamental duty of a Government towards its citizens, that of providing a peaceful environment to enable all members of society to live meaningful lives.
In meeting these challenges, police officers lay down their lives and perforce neglect the demands of their own families. In the last decade, an average of almost 700 police personnel laid down their lives every year in the line of duty. Since Independence, over 36,000 police men and women had sacrificed their lives, more than any other department of the Government.
Legislative Initiatives and Policy Changes
At the state level Police Commissions to suggest measures for police reforms were appointed by various States like Kerala Police Commission on 15 January 1959, West Bengal Police Commission on 10 March 1960, Maharashtra Police Commission on 1 May 1962, Uttar Pradesh Police Commission on 11 May 1970, Tamil Nadu Police Commission on 20 December 1969, Assam Police Commission on 21 May 1969. These instances of police commissions constituted by various States are not exhaustive but only illustrative.
At the center level, Various Committees/Commissions in the past have made a number of important recommendations 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 the Criminal Justice System (2002-03). Yet another Committee, headed by Shri Ribero, was constituted in 1998, but no vail, some hope of ray comes from the Supreme Court after a Public Interest Litigation (PIL) filed by two former director generals of police, Prakash Singh and NK Singh requested the supreme court give directions to the government to implement the police commission recommendations[10].
In 1996, a Public Interest Litigation (PIL) filed by two former director generals of police, Prakash Singh and NK Singh requested the Supreme Court to give directions to the government to implement the police commission recommendations. In 2006, the SC gave seven directives regarding the same.
- Constitute a state security commission to make sure that the state does not exercise undue influence on the police.
- The DGP should be appointed through a transparent and merit-based process and have a minimum tenure of two years.
- Other police officers on operational duties should also be given a minimum two-year tenure.
- The ‘law and order’ and ‘investigation’ functions of the police should be separated.
- A Police Establishment Board should be set up to decide transfers, promotions, postings, and other service-related matters of the police.
- Set up police complaints authorities at the state and district levels to enquire into complaints of the public against police officers of and above the DSP rank for serious misconduct including custodial rape and death.
- Establish a National Security Commission at the central level for preparing a panel for the selection and placement of Chiefs of the Central Police Organizations with a minimum tenure of 2 years.
It’s been 17 years but still, most of the states have not fully implemented the guidelines by giving lame excuses.
Recommendation for Sustainable Police Reform in India
Currently, the government has passed the Bhartiya Nyaya Sanhita (BNS) bill, in which the power of police has been increased specially in regard to police custody. Previously police custody was granted for 15 days which has been increased upto 60 days or 90 days (depending on the nature of the offence). There are 5,54,034 prisoners are in the jail out of which 4,27,165 are under trial. The new BNS, gave more power to the police as a result of which there will be more chances of violation of fundamental rights. During the period from 01.04.2022 to 31.12.2022, NHRC dealt with 2412 cases, including 1799 cases of death in judicial custody, 236 cases of deaths in police custody and 219 fact finding cases. NHRC also dealt with 158 cases of police encounter death and conducted spot investigations in 38 cases of alleged serious violations of human rights.[11]
One revolutionary step towards reforming India’s police force is the establishment of a comprehensive police oversight commission. Holding officers accountable, investigating misbehaviour, and ensuring transparency would be the responsibilities of this impartial organization. It could create trust by bridging the gap between the community and law enforcement if it was given legal authority. To help with preventative measures, integrating cutting-edge technology for data-driven analysis and real-time monitoring can also boost productivity and spot trends. In India, a new era of accountable, community-focused, and responsive policing may be ushered in via a multidimensional approach that blends monitoring mechanisms with technological innovations.
CONCLUSION
The Indian police system is 164 years old and was introduced by Britishers to suppress the voice of freedom fighters, it is very displeasure for us that we are still governed by such raucous law with mild modification. Police reform has been one of the greatest demands of this country for over a decade because everything in the state revolves around law and order. Studies found that the worst performance of policing is because of a shortage of staff, infrastructure, funds, incapable investigation officers, misuse by the executive for personal gain, etc. which leads to the lack of investigation or the inability to break the pattern of modernization of crime. There are N number of majors suggested by the National Police Commission, Malimath committee, Padmanabhaiah Committee, and Supreme Court which are still not implemented by most of the state by giving lame excuses.
Various recommendations has been mentioned above on which a government may relay and implement for the reform in the in Indian police system. Sustainable Addressing systemic issues, enhancing training, and fostering community trust are essential for a more just and effective law enforcement system. By prioritising accountability and transparency, India can build a police force that truly serves and protects its diverse population.
‘The police are the public and the public are the police’ and that their role should not extend to judging guilty or punishing the guilt.
About the Author
Khan Mohammad Obaida, is a 3rd year B.A.LL.B student from Aligarh Muslim University[12].
Views expressed by the author are his own.
References:
[1]Anupam Sharma, Police in Ancient India, volume 61, The Quarterly Indian Journal in Political Science, page:101,2004.
[2] K Alexander, Police Reform in India an Analytical Study, Page: 20, Discovery Publishing House, 2006.
[3] Andre Munro, State Monopoly on Violence, Britannica (Access Feb 04 at 10 PM) State monopoly on violence | Political Science, Sociology & History | Britannica.
[4] Sriharsha Devulapalli, Vishnu Padmanabhan, India’s police force among the world’s weakest, Livemint (Access on Feb 04 at 10:32 PM) India’s police force among the world’s weakest | Mint (livemint.com).
[5] James Dobbins, Seth G. Jones, Keith Cranne, Beth Cole, De Grasse, The Beginners Guide to Nation Building, Chapter- 3 ‘The Police’, Page: 72, Rand Corporation, Feb 2007.
[6] Mukund P Unny, Custodial Deaths: Revisiting debate on anti-torture law, Live law (Access on Feb 06 at 7 AM) Custodial Deaths : Revisiting Debate On Anti-Torture Law (livelaw.in).
[7] D.K Basu vs State of West Bengal AIR 1997 SC 610.
[8] Id. At 4.
[9] Norway Prime Minister Erna Solberg fined by police over virus rules violation, The Economics Time, Apr 09, 2021.
[10] Lok Sabha, Police-Reforms.pdf (loksabhadocs.nic.in) (last visit on 06 Feb).
[11] Government f India Ministry of Home Affairs, National human rights commission report 2022-23 mha.gov.in/sites/default/files/AnnualreportEnglish_04102023.pdf (last visit on 06 Feb).
[12] Khan Mohammad Obaida,3rd year, B.A.LL.B, Aligarh Muslim University
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