Date: 07/04/2023
Relevance: GS-2: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure;
Relevance: GS-3: Various Security Forces and Agencies and their Mandate.
Key Phrases: Ministry of Home Affairs, Public Order, CBI, Director General Of Police, Minimum Fixed Tenure, Efficient Functioning, Colonial Legacy, Central Law Enforcement agency, National Police Commision(1977-81), Malimath Committee, Prakash Singh v. Union of India case (2006), Political leadership.
Context:
- Recently, the serious complaint of human rights violation against an
IPS officer in Ambasamudram in south Tamil Nadu should greatly
embarrass the State government and the police hierarchy.
- The officer has been suspended from service and his alleged misconduct is being probed.
Key Highlights:
- The Chief Minister must be complimented for his swift action against
the offending official.
- This should send a strong message to the police force in the State that no illegal physical treatment of crime suspects will be tolerated and that such behavior will be subjected to a clinical and credible enquiry by an independent authority.
- The history of policing in many countries is pockmarked by
episodes of excesses.
- The U.S. is one country which has had far too many instances of police torture.
- While, police handling of the public is more civilized in most of Europe, including the U.K
Police Forces
- As per Seventh Schedule, 'Police' and 'Public Order' are State subjects under the Constitution of India.
- In India, the police forces of the states and union territories are responsible for law enforcement in the states and union territories.
- Authority over a State Police Force is held by the State's Home Department, led by a chief or principal secretary.
- Each state has a state police force (headed by a director general of police, an Indian Police Service officer).
- Authority over a Union Territory Police Force is held by the Ministry of Home Affairs (India), led by the Home Minister.
- The Police Act of 1861 governs most police forces in India.
- Some states like Maharashtra, Gujarat, Kerala and Delhi have indeed enacted their own Acts but even these closely resemble and are modeled on the Act of 1861.
Issues with the Police Forces:
- Lack of Reporting:
- Against the known instances of police brutality across the globe, we
can safely assume that a large number of cases of torture have also gone
unreported.
- This largely constitutes assaults on women.
- Only about 10% of complaints are believed to have been registered and only a small percentage of the offenders have been convicted.
- Against the known instances of police brutality across the globe, we
can safely assume that a large number of cases of torture have also gone
unreported.
- Corruption:
- Due to corruption among public servants which has burgeoned in recent times, such incidents of police brutality are increasing day by day.
- Increased Stress level:
- The pressure to produce results has been on the rise and at the same
time, stress that an average policeman is subjected to from his
higher-ups has not abated.
- Additionally, our country has large police forces.
- Therefore, disseminating the message of ethics to the bottom of such large outfits is a gargantuan task.
- The pressure to produce results has been on the rise and at the same
time, stress that an average policeman is subjected to from his
higher-ups has not abated.
- Tussle Between Centre and state:
- The exchange of barbs by the two sides has been an unfortunate and avoidable development.
- Permission to CBI:
- There are frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI).
- Insensitive action by a few States to withdraw consent to the CBI to function in a State smacks of politics and vindictiveness, which diminishes the fight against public servant graft.
- Lack of Infrastructure:
- According to the CAG report, state police departments’ weaponry is archaic, and the purchase process for firearms is lengthy, resulting in a scarcity of arms and ammunition.
- Colonial Legacy:
- The Police Act of 1861 was legislated by the British right after the revolt of 1857 to bring in efficient administration of police in the country and to prevent any future revolts. Now the situations have changed so there is a need for the act as per current demands.
Committees/Commissions on Police Reforms
- National Police Commision(1977-81) :
- The major recommendations of the NPC to amend the Code of Criminal procedure 1973.
- Other recommendation of NPC is for revision of syllabus for IPS probationers trainees / augmentation of DCPW.
- Ribeiro Committee(1998) :
- The Rebeiro Committee endorsed the recommendations of the NPC with certain modifications.
- Padmanabhaiah Committee on restructuring of Police (2000) :
- Recommendations pertaining to-
- Recruitment, training, reservation of posts, involvement of public in crime prevention, recruitment of police personnel, delegation of powers to lower ranks in police, revival of beat system, police patrolling on national and state highways, designs of the police stations, posting and transfer of SP and above etc. are already implemented.
- Recommendations pertaining to-
- Malimath Committee on reforms in Criminal Justice System
(2002-03) :
- Strengthening of training infrastructure.
- Enactment of new Police Act.
- Setting up of the Central Law Enforcement agency to take care of federal crimes.
- Separation of the investigation wing from the law and order wing in the police stations.
- Establishment of the State Security Commission, etc.
- Police Act Drafting Committee (Soli Sorabjee Committee 2005-06) :
- Improving professional standards of performance in urban as well rural police stations,
- Emphasizing the internal security role of the police,
- Tackling complaints against the police with regard to non-registration of crime, arrests, etc.
- Supreme Court in the case of Prakash Singh v. Union of India
(2006) :
- Constitute a State Security Commission on any of the models recommended by the National Human Right Commission, the Ribeiro Committee or the Sorabjee Committee.
- Prescribe a minimum tenure of two years to the police officers on operational duties.
- Select the Director General of Police of the State from amongst three senior-most officers of the Department empanelled for promotion to that rank by the UPSC and once selected, provide him a minimum tenure of at least two years irrespective of his date of superannuation.
- Constitute Police Complaints Authorities at the State and District level for looking into complaints against police officers.
Need of the Hour:
- Diversity of India needs objective policing by a highly trained police force.
- DGPs and IGPs have a crucial role in indoctrinating young recruits on
the value of sticking to the law and civilized behavior.
- If these leaders themselves are votaries of lawless policing, only the Almighty can save the law-abiding citizens from an unprincipled police force.
- MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
- We need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.
- Public opinion in the country has to assert itself to impart a better sense of policing at all levels of government.
- Police forces need to adopt modern methods like forensics, data analysis etc. to ensure timely justice.
Conclusion:
- Strengthened Criminal Justice System and our grassroots level policing institutions with humane and civilized conduct, are necessary to prepare our police to deal with the present and emerging challenges.
Source: The Hindu
Mains Question:
Q. What are the issues in the efficient functioning of police forces? Suggest the measures to solve these issues. (150 Words).
