youth for police reforms

8/7/2019 Youth for Police Reforms

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Kamal Kumar, IPS (Retd)Kamal Kumar, IPS (Retd)

Police Reforms:Police Reforms:Status in Andhra PradeshStatus in Andhra Pradesh




Rule of Law Bedrock of Democracy

Rule of Law a fundamental feature of our

Constitution

Rule of Law simply implies:

Supremacy of law as opposed to arbitrary power

No one is above the law Equal subjection of all people to the law of the land

Equality before the law

Why Police Reforms?Why Police Reforms?




Vital role of Police in establishing supremacy of theVital role of Police in establishing supremacy of the

Rule of LawRule of Law

Role, indeed, of all agencies of Govt. However,Role, indeed, of all agencies of Govt. However,

police role particularly crucial, because:police role particularly crucial, because:

PolicePolice the most tangible organ of the statethe most tangible organ of the state

Main instrument of protection of basic rights of the peopleMain instrument of protection of basic rights of the people

Pivotal position in justice delivery processPivotal position in justice delivery process

Important for Police to:Important for Police to:

Be conscious of their accountability to the law. Visibly too.Be conscious of their accountability to the law. Visibly too.

Avoid political & other extraneous factors to influence theirAvoid political & other extraneous factors to influence theiractions & decisions in law enforcementactions & decisions in law enforcement

Rule of Law & the Role of PoliceRule of Law & the Role of Police




Money, muscle & influence allowed to play aMoney, muscle & influence allowed to play asignificant role in law enforcementsignificant role in law enforcement

Political/ bureaucratic interference rampantPolitical/ bureaucratic interference rampant

Different standards for rich & powerful as againstDifferent standards for rich & powerful as againstthe poor, underthe poor, under--privileged & nonprivileged & non--influentialinfluential

Even FIR would not be registered against offendersEven FIR would not be registered against offendersof affluence or influenceof affluence or influence

Rule of LawRule of Law on the brink of collapse; people losingon the brink of collapse; people losingfaith in Justice Delivery Systemfaith in Justice Delivery System

Dangerous for the survival of Democracy itselfDangerous for the survival of Democracy itself

Ground Situation: Common PerceptionsGround Situation: Common Perceptions




A Police Force, nay Service, which is:A Police Force, nay Service, which is:

Unquestionably fair & impartial in the enforcement of lawUnquestionably fair & impartial in the enforcement of law

Totally apolitical in its professional workTotally apolitical in its professional work

Functioning without fear orFunctioning without fear or favourfavour

Shunning to abuse power or authorityShunning to abuse power or authority

WellWell--indoctrinated in our Constitutional valuesindoctrinated in our Constitutional values

WellWell--motivated & wellmotivated & well--committed to ethical valuescommitted to ethical values

Well equipped & wellWell equipped & well--trained to perform its assignedtrained to perform its assignedfunctionsfunctions

What is Needed?What is Needed?




To forestall political etc. extraneous interference inTo forestall political etc. extraneous interference indischarge of their functions by police personneldischarge of their functions by police personnel

To protect upright & serviceTo protect upright & service--oriented police personneloriented police personnelagainstagainst victimisationvictimisation or harassmentor harassment

To highlight the need forTo highlight the need for upgradationupgradation of training &of training &capacitycapacity--building of our policebuilding of our police

To enforce accountability for any wrongTo enforce accountability for any wrong--doing by policedoing by policepersonnelpersonnel

Police ReformPolice Reform Main PurposeMain Purpose




Police Commissions constituted by StatePolice Commissions constituted by State GovtsGovts.:.:

Kerala (1959)Kerala (1959)

West Bengal (1960West Bengal (1960--61)61)

Bihar (1961)Bihar (1961)

Punjab (1961)Punjab (1961)

Maharashtra (1964)Maharashtra (1964)

Madhya Pradesh (1966)Madhya Pradesh (1966)

Delhi (1966)Delhi (1966)

Uttar Pradesh (1970Uttar Pradesh (1970--71)71)

Assam (1971)Assam (1971)

Tamil Nadu (1971)Tamil Nadu (1971)

Andhra Pradesh (1984)Andhra Pradesh (1984)

Police Reform Initiatives: ChronologyPolice Reform Initiatives: Chronology




Commissions/Committees Of Central Govt:

National Police Commission (1977-81)

Ribeiro Committee on Police Reforms (1998)

Padmanabhaiah Committee on Police Reforms (2000) Group of Ministers on National Security (2000-01)

Malimath Committee on Criminal Justice System Reforms

(2002-03)

MHA Review Committee on Police Reforms (2005)

Soli Sorabjee Committee on Model Police Act (2006)

Prof Madhava Menon Committee on Draft National Policy on

Criminal Justice (2007)

Second Administrative Reforms Commission (2006-08)

Social Violence & Police ResponseSocial Violence & Police Response




Brazen insincerity in implementation of

recommendations

Even the Supreme Court Directions of Sept. 2006,in Prakash Singh case, ignored so far

Defaulters include not only States but Union

Territories too

Obdurate Resistance to ReformObdurate Resistance to Reform




Implementation of Supreme Court DirectivesImplementation of Supreme Court Directives:The Andhra Pradesh Example:The Andhra Pradesh Example

Direction No. 1: State Security Commission

Brazen non-compliance. Commission not constituted despite

repeated rejection of all objections of State Govt by the

Supreme Court

Direction No. 2: Selection & Tenure of DGP

Not complied

Direction No. 3: Fixed Tenure for other Police Officers

GO issued in Feb 2007 assuring 1-year tenure (not 2 years).

Even that Order remains on paper only. Blatant transfers still

rampant




Implementation of Supreme Court DirectivesImplementation of Supreme Court Directives:The Andhra Pradesh Example:The Andhra Pradesh Example

Direction No. 4: Separation of Crime Investigation/

L&O

Not effected. Not even ordered.

Direction No. 5: Creation of Police Establishment

Board

G.O. issued but the Board assigned limited functions, far too

short of Supreme Court stipulations Direction No. 6: Police Complaint Authorities

Not complied, even on paper




Consequences of Continued DefianceConsequences of Continued Defiance

Repeated litigation on DGPs selection

Transfers-postings of SHOs & other police personnel:

Being effected on political & other nefarious considerations

Assuming proportions of an industry

Collapse of command & control structure

Diffused accountability for lack of performance

Gross deterioration of working environment Non- sustainability of good practices

Access to justice for common citizen a majorcasualty




Stakeholders in Police SystemStakeholders in Police System

Executive:

Political leadership

Bureaucracy

Police themselves

Judiciary

Civil Society the people

Absence of public pressure major

reason for indifference to police reforms.

Need for them to assert themselves




THANK YOU THANK YOU

Social Violence & Police ResponseSocial Violence & Police Response

youth for police reforms

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