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Content

• Basics about Police System of India
• Dual System vs Commissionerate System
• Main Structural and Design Defects of Indian Police System
• Some suggestions for improvements

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Basics about Police System of India

• The current governing instrument of the Indian Police force is the Police Act of 1861. Together with the Indian Penal Code, Indian Evidence Act and the Code of Criminal Procedure it forms the current but outdated police system in India.
• Police is a state subject under constitution.

Main Responsibilities: The police force in Modern India is typically burdened with the handling of disparate responsibilities
1. Maintaining Routine law and order
2. Riot Control
3. Protection of state assets
4. Crime Investigation
5. VIP protection
6. Traffic control

Structure

• Hierarchical structure: The structure of the police force is strictly hierarchical and the decision making is centralized with a few high ranking officers.
• Four level entry system to the Indian police force with little or no scope for a fresh recruit rising from the very bottom to the very top within the hierarchy.
• Political influence: Posting and transfers are commonly interfered in, by political influence.

Dual System vs Commissionerate System

Dual System

• Dual command structure over the district police means that control and direction over the police vests with the SP (head of district police) and the District Magistrate (executive).
• Separation of Powers of DM (e.g., issues arrest warrants and licenses) and the Police (e.g., investigate crimes and make arrests). Therefore, there is less concentration of power in the police, and accountability to DM at the district level.
• SP is assisted by Additional/Assistant/Deputy SPs, Inspectors and constabulary.

Commissionerate System (50+ cities)

• Unified Command Structure with the Commissioner of Police (rank of the Deputy IG or above) as the sole head of the force within the city. This allows quicker responses to law and order situations.
• Power of policing and magistracy concentrated in Commissioner. Directly accountable to state government and state police chief. Lesser accountability to local administration.
• Commissioner is assisted by Special/Joint/Additional/Deputy Commissioners, etc. Inspector downwards rank structure is same.

Main Structural and design defects of Indian Police system

1. Colonial Police Act, was meant for subjects and not for the free citizens of democracy
2. Political interference in appointment, transfer and promotions.

• Choice of officers to head the districts police forces is often one the basis of their political leaning and pliability, rather than on their professional competence

3. Disparate functions performed by an overburdened police force hindering efficiency and domain specialization

4. Lack of genuine empowerment of personnel

5. Lack of independent oversight body

6. Inadequate collaboration between the police and the prosecutor

Some other inefficiencies of Indian Police System

1. Under resourced and over-burdened

• Highly understaffed
  • United Nations recommend the Police: Citizens ratio of 1:222, but in India the ratio is 1:694
• Decreasing Financial Resources for Police
  • According to a recent study by PRS, between 2011 to 2015, states were spending 4.4% of their budgeted expenditure on police, which has reduced to 4% over the past four years.
• Technical infrastructure in most of the police forces is of a poor quality.
• All the above deficiencies have not only impacted the quality of law & order and investigation in the country, but it has also led to long hours of work, no holidays and thus stress and depression among police force.

2. Training of police personnel is lacking on several fronts -> this is visible in custodial deaths, fake encounters, insensitivity towards victims, lack of awareness related to human rights etc.

3. Public perception

• The image of the police today is not that of protector of the innocents but of an extortionist, colluder with criminals and one of the most corrupt arms of the government.

4. Corruption level in Police

• Graft goes unchecked at police stations because of the graft at supervisory levels

Attempts of Reformation: There have been many attempts to reform the Indian Police system both on a state level and on a central level. Since 1971, there have been six major reform committee.

i. Gore Committee (1971-73)

ii. National Police Commission, 1977-81

iii. Ribeiro Committee on Police reform, 1998

iv. Padmanabhaiah Committee on Police Reform, 2000

v. Group of Ministers on National Security

vi. Malinath Committee on Reforms of Criminal Justice System.

Prakash Singh Case: Guidelines of supreme Court

• Background: After non-implementation of major recommendations of National Police Commission for almost two decades, in 1996 two former DGPs filed a PIL in the Supreme Court asking the court to direct governments to implement the NPC recommendations.
• Verdict in 2006:
  • The states and UTs were directed to comply with 7 binding directives that would kickstart reforms. These directives pulled together various strands of improvement generated since 1979.
  • Directive One: Constitute a State Security Commission (SSC) to reduce government’s unwarranted influence or pressure on police, to lay down broad policy guidelines and to evaluate performance of state police.
  • Directive Two: Ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years
  • Directive Three: Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district and Station House Officers in-charge of a police station) are also provided a minimum tenure of two years
  • Directive Four: Separate the investigation and law and order functions of the police
  • Directive Five: 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 and make recommendations on postings and transfers above the rank of Deputy Superintendent of Police.
  • Directive Six: Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody and;
  • at district levels to inquire into public complaints against the police personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct.
• Directive Seven 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 (CPO) with a minimum tenure of two years.

Some suggestions for improvements

1. Reduce Political interference – in selection, promotion and transfer ->  Follow the guidelines of Prakash Singh Case – Establish State Security Commission, Ensure security of tenure, set up Police Establishment Board.

2. An independent oversight body/Grievance Redressal body – to look into complains of abuse of authority by police – should be accessible through a toll free number/online. [Police Complaint Authority as per Supreme Court Directives in Prakash Singh case]

3. More Resources both in terms of Human Resource and Capital

• Police: Population ratio needs to go up
• Modernization of Police Force by ensuring better technical infrastructure, faster vehicles, communication equipment and weapons.

4. Divide functions of Police force in 3 different ways – Crime Investigation, Maintenance of Law & Order and, Local Police Force Units.

5. Specialized Units with specialized training for Cyber Security, Anti-terrorism cells, VIP Security, etc.

6. Training and sensitization

• Focus on constant upgradation of knowledge and skills, human rights etc. There is a need of National Curriculum Framework (NCF) for police education and training.

7. More number women in Police

• In 2014 they formed minuscule (6.1%) of the total police force in the country according to
  Bureau of Police Research and Development’s Data on Police Organization.
• Why more women are needed in policy force?
  • Diversity of thought -> better police force
  • Can better understand/sympathize with issues of domestic violence, dowry harassment and child abuse.
  • Social change: More police personnel on the frontlines will have an overall positive impact on community and would promote the cause of gender equality.
• How to ensure more women in police force?
  • Some all women police stations.
  • Reserving in appointment

8. Legal Backing to the Police

• Upgrade the outdated laws else in spite of police’s hard work, the criminal would roam free.

9. Focus on Mental Health:

• Police Leaders should start having communication with all the ranks.
• Sports and cultural programs
• Access to counsellors
• Work-Life Balance

Conclusion: The prescription for carrying out police reforms already exists in the form of findings of various police commissions, judicial pronouncements and advice of retired officers. What we need is the political will to implement this recommendation and this would come with increased awareness among citizens and sustained pressure from civil society organizations