POLICE REFORMS
The Indian Police structure is one of the largest and most diverse in the world; it plays a vital role in establishing the fluidity of society and also ensuring safety to a billion lives. However, there are also various institutional issues that have been explored by various committees over the years, yet the reforms are still occurring at a very slow pace.
Why are Reforms required?
- Administrative
- Overburdened force: Actual police strength of 137 per lakh is much lower than the sanctioned strength at 187 while the UN recommends 222.
- Weak Infrastructure: Lack of digital records, lack of required vehicles and armaments.
- Low Public Investment: Only 3% of State and central budgets are allotted for policing.
- Under-utilisation of funds: In 2015-16 only 14% of funds allotted by the centre and state have been utilised.
- Lack of Resources: For example, Rajasthan and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state police.
- Social
- Trust Deficit: General public does not regard police with high regard and thus investigation activities are impacted due to this.
- Lack of accountability: Police officers are frequently caught in corruption cases as well as issues such as custodial violence.
- Under-reporting of Crime: Crimes are often not reported due to societal prejudices and thus making police work more difficult.
- Political
- Executive interference: In the Dual system, the police force is always under the intervention of state governments, which prevent the due process of law in many instances.
- The politicization of cases: Political cases are also often overlooked and neglected.
- Institutional
- Low Training and awareness: Most police stations are not adequately trained on various aspects of law enforcement.
- Custodial Violence: There are instances of Police brutality and torture by the police.
- Police Bias: Police officers can be biased against a particular community or section of persons.
- Extra-Judicial methods: Frequently, police use excessive force to administer their own justice, violating the human rights of the prisoner.
Reforms Required
- Prakash Singh Case Directives
- Limit Political control: Constitute a state security commission to ensure no undue political interference from State governments.
- Appoint based on merit: Ensure that the Director General of Police is appointed through a merit-based, transparent process, and secures a minimum tenure of 2 years.
- Tenure: Ensure that other police officers on operational duties like SP also have tenures.
- Separate functions: Separate the investigation and law and order functions of the police.
- Police Establishment Board: 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.
- National Security Commission: 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.
- Establish a Police Complaints Authority in each state: At the state level, there should be a Police Complaints Authority to look into public complaints against police officers of and above the rank of Superintendent of Police.
- Malimath Committee Recommendations
- Right to Silence: The committee recommended that the accused be given the right to excuse himself from being a witness in his own prosecution.
- Inquisitorial System: The panel recommended borrowing the system where a judicial magistrate oversees the investigation.
- Witness Protection: The panel suggested laws in place for witness protection.
- Second ARC recommendations
- Incentivising Trainers: So that they are more focused and motivated towards training new officers.
- Federal Crimes: State Police as well as the CBI could be given concurrent jurisdiction over the investigation of all such crimes.
- Outsource: Functions like serving court summons, antecedents, and address verification should be outsourced to private entities.
- Legislative
- Transnational Crimes: India has signed the UN Convention against Transnational Crimes, but there is no central legislation to tackle such crimes.
- Concurrent List: Moving Police to the Concurrent List and declaration of Federal Crimes can help improve to a uniform structure.
- Commissionerate system: This system is in practice in Mumbai, Kolkata, and Lucknow amongst others and must be used for larger areas.
- CBI: CBI should be given statutory authority to strengthen it from politicisation.
- Others
- Victim compensation fund: For those who have suffered police excesses or custodial violence.
- Legislation: Model Police act 2016 to be implemented.
- Delegation: Separate authority to deal with crimes against national security.
- Awareness and Outreach: More public-centric programs must be designed so that police appear approachable rather than feared.
- Digitisation: Efforts must be revamped to digitalise all case work and databases.
- Integrated approach: Formal mechanisms for interstate police work must be strengthened.
What is SMART?
The Smart Policing Initiative (SPI) is an initiative that assists in building law enforcement tactics and strategies that are effective, efficient, and economical.
SMART Initiatives
- Counter Radicalization Programme: India’s first de-radicalization Programme was implemented in Kerala in February 2018.
- Child Safety: Under this initiative of the Uttar Pradesh Police, parents are able to recover their children timely and at the same time, the State Government is able to build confidence in the public.
- Cyber Crime: MCDCU of Maharashtra, which was initiated in August 2017, is a first-of-its-kind unit in South Asia where industry and Government are working together to protect intellectual property.
- Technical Analytics platform: The Centre of Excellence works with the ideology of using technical intervention in crime detection. It applies Lockard’s principle of exchange in the present context of the digital era.
- Crime and Criminal Tracking Network and Systems (CCTNS): It interconnects about 15,000 police stations and additional 5,000 offices of supervisory police officers across the country and digitizes data.