What should be the new face of Indian What should be the new face of Indian Police to maintain Law and Order in the Police to maintain Law and Order in the

Largest Democracy of the World ?Largest Democracy of the World ?

People cannot take the law into their own

hands. The rationale behind this reasoning is that the state is present to protect its citizens and to create an environment for realization of human rights.

There is no right of private defense in cases where there is adequate time to have recourse to public protection.

Thus, citizens claim protection from the state for their welfare and it is the reciprocal obligation of the state to ensure the 'rule of law' through its institutions.

Need for Police

Citizens expect police to protect their rights

and to provide them security to lead a peaceful life, devoid of any fear.

Expectations from the Police

But unfortunately, the image of police today is

not that of a protector of the innocents but as an extortionist, colluder with criminals and one of the most corrupt arms of the government.

Harsh Reality

This photo, taken at India Gate, during the recent protests in Delhi, clearly shows the way police handles people.

A Picture is worth thousand words

Police in India, is governed by the colonial

Police Act of 1861 enacted by the British. This act was meant for subjects and not for

the free citizens of a democracy. A global survey* showed that at best, the

Police are inactive; at worst they "actively harass, oppress and brutalise”.

So what has gone wrong ?

* "The World Bank: Can anyone hear us? Voices from 47 countries, December, 1999" cited in "Police Practices: Obstruction to Poor People's Access to Justice", G. P. Joshi, (Commonwealth  Human Rights Initiative Publication, 2003) , p. 7 para 1

The relation between the police and the public has

reached a point where the citizens rather avoid reporting a crime to the police.

In a survey done by Transparency International India in 2005,

87% of the respondent to the survey agreed that there was corruption in the police force,

74% felt that the quality of service they received was inadequate and

47% were compelled to pay a bribe for their FIR to get filed.

Loss of Public faith

Hence, there is an urgent need to reform the

Indian Police System.

Need for Reform

India has one of the finest selection processes

for IPS officers which is backed by excellent training at the National Police Academy in Hyderabad.

Unfortunately the same cannot be said of the selection system at the state level where officers below the ranks of DSPs are recruited.

Favouritism, corruption and casteism play a major role in this process.

Selection, Promotion & Transfer

The recommendations made by the National

Police Commission in 1979, aimed at insulating the police from illegitimate outside control, pressure and interference remain unimplemented till today.

So, what we need is a strong political will to make the selection, promotion and transfer procedure of the police officials more transparent, and based on merit

Solution

“Nearly 90 per cent of the police forces in the country is

comprised of the constabulary. Unlike in the past, more and more educated men and women are voluntarily joining the police at this entry level, in expectation of a satisfying career. This precious resource will have to be protected. This is not possible under the existing state of affairs, where obedience and servility to the senior officers and the political masters are the main criteria for advancement and placement in meaningful jobs within the police. If professional excellence has to be nurtured, we owe them the right working conditions in which they can give of their best. Such an ambience cannot come about without implementing the most crucial National Police Commission recommendations that are gathering dust in North Block and in State Secretariats.”

In an open letter to former President Abdul Kalam the former CBI director R.K. Raghavan had this to say

Since the police is answerable to the

politicians, they tend to wield their power over the policemen.

Recently, a DSP was beaten to death in Deoria, Uttar Pradesh, because he did not agree to listen to the whims of a powerful minister – Raja Bhaiyya.

Hence, there is an immediate need to make the police body, free from the shackles of the politicians.

Freeing the Police from Politics

Crime by police officials and in police stations

has been increasing with cases about custodial deaths and rape of women detainees making headlines. Often victims of crime or even riots are treated with utter contempt as if they deserved what they had undergone. This is mainly due to the lack of awareness of human rights among policemen. Even during their basic training policemen need to be sensitized about human rights and how to handle sensitive cases.

Training & Sensitization

Interpretation of laws has been another weak point in

the Indian police system, especially when it concerns those like Sub-inspectors and constables.

For example in the recent controversy where two girls were arrested by the Maharashtra Police over a facebook status, the Court rebuked the police officers for their poor interpretation of Section 66 of the IT Act.

In the name of moral policing even law abiding citizens are made to appear like criminals by some overzealous cops.

There should be constant up gradation of knowledge and skills.

Interpretation of laws

Women comprise just 3.98 per cent of the country's

total police force. The creation of women police stations will be a positive

development since women police by their nature are better equipped to take a sympathetic approach in issues like domestic violence, dowry harassment and child abuse.

Still our police, especially those manning the police stations, need to be taught people skills and sensitized about handling complainants who are already traumatized due to mishap.

All women bank ? What we clearly need more is Women Police station.

Less no. of Women in Police

Most state police departments are woefully

understaffed with a large number of vacancies.

Fresh departments for anti-terrorism cell, VIP security, cyber crime and human rights are created but are not manned by the right people.

According to a recent article in Times of India, Indian Police needs 5,00,000 more policemen.

Inadequate Manpower

Indian police remains one of the most ill equipped

in the world in spite of our country among the worst to suffer due to terrorism.

Our police lack fast vehicles, communication equipment and even proper weapons. They appear like comical figures carrying their outdated .303 rifles whereas their adversaries are armed with AK 47s.

Forensic tools to fight crime and technology to tackle the growing instances of cyber crime are urgent needs for an effective policing in these modern times.

Modernization of our police force

India was the first country in the world to

have a finger print forensic laboratory in 1897.

Today there are only 23 labs in the country compared to 203 in the US.

Currently there are only three Central Detective Training Schools in India. The low number of schools causes a problem to ensure continuous training for the Indian police force.

Greater resources need to be allocated towards enhancing the capacity of forensic laboratories.

Did you know ?

Three cops for a VIP compared to one

cop for 761 ordinary citizens* In 2010, 16,788 VIPs were guarded by 50,059

police personnel, which is 21,761 more than the sanctioned deployment for their security.

More Policemen should be employed for the citizens of this country, rather than the VIP’s who can even afford private guards.

Reduction of Policemen for VIP/VVIP Security

*In UK and South Africa this ratio is 200.

In a study on the "Image of Police in India”*, over 50%

of the respondents mentioned 'non registration of complaint' as a pervasive malpractice in police stations.

The Law Commission of India examined the subject and recommended that any officer who refused to record an FIR be subject to imprisonment for a term of one year or fine or both.

However the government blatantly refused to accept this recommendation which could have been a potent armour in the hands of citizens against police harassment.

Grievance Redressal

*The National Police Commission, Government of India, Fourth Report, June 1980, p. 1

A Toll Free Number should be made available to all

the people to complaint against the police officers. The call should be recorded, a complaint

registered, and a notice should be sent to the concerned police officer to explain his inaction to file FIR within the next 24 hours.

Failing to reply to the notice, they should be fined/suspended based on their record.

A local police ombudsman, i.e., an Independent oversight body that will have jurisdiction over complaints of obstruction of justice and abuse of authority by the police, needs to be set up.

An alternate solution

We need forceful laws to back our policemen.

Outdated laws, judicial loopholes and adequate legal safeguards for witnesses have resulted in many a confirmed criminal walking free without conviction.

In the famous Jessica Lal case in Delhi where the killer, who is the son of a leading politician, could walk free by getting the eye witnesses to turn hostile due to which the police were unable to prove his guilt. If only we had strong laws against perjury, as in Britain, it would make witnesses think twice before retracting their statements.

Judicial backing to the Police

Hafiz Saeed, a well known terrorist, was ably

caught by our police. But was let off by the government.

Many of our laws drafted to fight crime also need to be modified keeping in mind, the changed conditions of the society and modern techniques of the criminal.

Judicial backing to the Police

To substantially improve the functioning of

Indian police force and enhance its public accountability there should be a three way division of functions into:

an independent crime investigation mechanism,

maintenance of law and order and local police force (district level) units.

It is high time to bring in a new police system in India to ensure greater accountability, efficiency and a citizen service minded approach.

The prescription for carrying out police

reforms already exists in the form of findings of various police commissions, judicial pronouncements and advice of retired police officers. Only the political will to implement them, is woefully lacking.

Thank you