Events & Issues

New Delhi,8 November 2017

Police Reforms

POLITICAL MEDDLING MUST END

By Dhurjati Mukherjee

The recent incident of a Karnataka minister being named by the CBI in an FIR accusing him and two police officers of abetting the suicide of Deputy Superintendent of Police in July last year, is yet another example of political manoevering and interference in the police force. It sharpens the focus on need for police reforms in the country.  

This is not an isolated example as only recently, the Supreme Court for the first time ordered the reinstatement of ousted Kerala DGP TP Senkumar, sending out a clear message that police officers cannot be made ‘scapegoats’ by politicians in power. The decision is likely to have repercussions in States, where police chiefs were removed by the political dispensation against the Supreme Court’s ruling in Prakash Singh Case that a DGP should have a fixed tenure of two years and not be subject to the whims of the political powers in the State.

Unfortunately, the force has come in for much criticism for its lack of concern for the welfare of citizens. As is generally agreed, the police force is not at all independent and follows the directives of their political masters. It is indeed distressing to note that in spite of the model Police Act of 2006 as also the seven directives of the Supreme Court that year, there is little accountability and modernisation of the force that has been systematically undertaken.

Statistics reveal that there are three policemen for one VIP but there is only one policeman for 663 persons in the country. One may compare this with the global people-population ratio of 1:270. It is quite obvious that VIP security is more important than security of the common man. Apart from this, the force is not at all pro-people and indulges in torturing and killing people, sometimes even innocent ones.

The efficiency of the force leaves much to be desired. This is not something new as this question was raised way back by AHL Fraser, chairman of a commission way back in 1902. The force cannot be fully blamed as in most States it can do precious little against the directives of the party in power. This is deplorable as people do not get justice from the police and are afraid of it for fear of undue harassment.

The whole system needs change but police reforms are a far cry. Transfers, postings and promotions are decided not on considerations of merit but how much of their work has favoured the party in power. Nobody dares think of complaining against the police and, as such, the 6th directive of the apex court of setting up a Police Complaints Authority to enquire against public complaints against police officers has been set up.

In recent times, only media has been highlighting cases of negligence, inaction and/or torture against police personnel. Even deaths in police custody have been reported. In fact, recently Union Home Minister Rajnath Singh, while addressing Rapid Action Force personnel stated that the police in the 21st century could no longer be a “brute force” but would have to function as a ‘civilised’ unit and consider less lethal solutions in carrying out less policing tasks and in crowd control.

The 7th directive of the Supreme Court regarding setting a National Security Commission to prepare a panel for selection and placement of chiefs of central police organisations with a minimum tenure of two years has also not been carried out. Not just the States but even the Centre is not interested to give independence to the police force so that it can act judiciously and as necessitated by the laws of the land. There have been demands, and quite rightly so, for an independent Police Commission along the lines of Election Commission at the Centre and in the States to supervise crime investigation and prosecution.

One may refer here to the fifth report of the 2nd Administrative Reforms Commission (ARC) which suggested that the investigative functions of the police be separated from the day-to-day law and order functions and that the superintendence of the government over police be restricted in such a manner that the force maintains operational autonomy. The ARC suggestion of a State Accountability Commission resolved the politicisation and dilemma by delegating operational control to the force and democratising governance to a commission.

But this has yet to become a reality because in our system, ultimate accountability will remain with the political system. However, one can expect that checks and balances and recommendations of experts, from time to time, would at least resist the political establishment from giving illegal, partisan and unjustified orders to the police.

Also this would give them the spirit to tackle situations without fear and favour, thereby reducing crimes which unfortunately have been on the rise at a fast pace. It is only the much needed police reforms that could change the attitude and behaviour of the police force and give it the courage and conviction to serve the best interests of the people.

Another aspect is the need for induction of more police personnel in the force, the process of which has already started though the number has to be substantially increased. In some respects, women are better suited than their male counterparts as around 70 per cent cases involve non-criminal or service functions. Thus encouraging more women, who have the requisite skill and calibre, to join the force has to be undertaken to ensure that they comprise 20 to 25 per cent of the total personnel.

As India makes rapid advances towards becoming an economic and political power, the police cannot be allowed to be frozen in the frame of a past era. The avalanche and technological changes by internet and social media are fast changing the nature, intensity and the reach of crime leading to unprecedented lawlessness and frightening dimensions of global terrorism. It goes without saying that the police has to deal with the emerging challenges by strengthening its investigative capabilities so that the criminal justice system remains independent and appreciable.

However, the other aspect of the problem is to ensure that the complexity in social relations is better understood and usher in the much needed cooperative spirit so that there is harmony and brotherhood in the community. This, however, is not manifest in today’s society where the widening income differences have had adverse effect on social relations. Also caste, class and religious differences have added to the problem.

The hope of the police becoming an independent agency or pro people may remain unfulfilled in the short term but some transformation may be expected in the coming years. Reports indicate that rich people get bail easily but the poor remain in jail; around 70 per cent of illiterate and semi literate prisoners are presently awaiting trial. For this to happen, the Centre and States need to come forward and take initiatives in training the existing personnel and making them aware of the social reality and motivate them accordingly.

However, it is high time that the Government brings about the much-needed reforms and/or changes in police functioning. The police force must work independently and should be out of the clutches of the political establishment. Then only can the aam admi have faith in the system, which unfortunately today is blurred. ---INFA

(Copyright, India News & Feature Alliance)